MUDIBASAPPA Vs. BASALINGAPPA S/O SIDRAMAPPA

JUDGEMENT

(1.) This complainant's appeal under Section 378(4) Cr.P.C. arises out of the judgment and order of acquittal dated 20.02.2015 passed by II Additional Civil Judge and JMFC-IV, Raichur in Criminal Case No.2675/2012. By the impugned judgment and order, the Trial Court has acquitted the accused/respondent for the offence punishable under Section 138 of Negotiable Instruments Act, 1881 (for short "N.I. Act").

(2.) Appellant was the complainant and respondent was the accused before the Trial Court. They will be referred to hereafter with their ranks before the trial court. Complainant presented the complaint under Section 200 Cr.P.C. before the Trial Court alleging that the accused borrowed loan of Rs. 6,00,000/- from him and towards discharge of the liability, issued cheque dated 27.02012 for the said sum drawn on Pragati Grameen Bank, Nijalingappa Colony Branch, Raichur. It is further alleged that on presentation the cheque was dishonored on 01.03.2012 for want of sufficient funds. It is further alleged that despite issuance of statutory notice dated 103.2012, the accused did not reply to the notice nor repaid the cheque amount thereby, he committed the offence punishable under Section 138 of N.I. Act.

(3.) The Magistrate on taking cognizance summoned the accused and recorded the plea of the accused on substance of accusation. The accused denied the accusation and claimed to be tried. Therefore, the complainant got himself examined as PW.1 and got marked Exs.P1 to P6 to substantiate the allegations. The accused after his examination under Section 313 Cr.P.C. did not lead evidence but marked Exs.D1 to D The Trial Court after hearing both the parties by the impugned judgment and order acquitted the accused holding that: