RAVINDRA Vs. L. KUMAR

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 01.01.2010 passed by the Prl. Civil Judge (Jr.Dn) and JMFC., Hubli in CC No. 564/2003, whereby the respondent (hereinafter referred to as "accused") is acquitted of the offence punishable under Section 138 of N.I.Act.

(2.) The complainant initiated action against the respondent/accused alleging that the complainant and accused were familiar with each other and to help the accused financially, the complainant paid a sum of Rs. 1,75,000/- to the accused and in repayment thereof the accused issued a cheque bearing No. 475548 dated 06.09.2002 for Rs. 1,75,000/-. The said cheque when presented for encashment was dishonoured as 'funds insufficient' in the account of the accused. The complainant issued a statutory notice calling upon the accused to pay cheque amount. Though, the accused received the said notice, he failed to comply with the demands made therein. Hence, complainant sought action against the accused under section 138 of N.I. Act.

(3.) The complainant examined himself as PW-1 and produced the original cheque-Ex.P1, Cheque return memo Ex. P2, copy of legal notice-Ex.P3 and postal acknowledgment Ex.P4. The accused did not choose to enter into witness box and did not adduce any evidence on his behalf. On hearing the parties and considering the above evidence, by the impugned judgment, the learned Magistrate acquitted the accused of the above offence.