T RAMESH MENDON Vs. ALIABBA

JUDGEMENT

(1.) In the complaint filed by the appellant under Section 200 of Code of Criminal Procedure (hereinafter for brevity referred to as 'Cr.P.C'), against the present respondent for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter for brevity referred to as 'N.I. Act'), the learned IV J.M.F.C., Mangalore (hereinafter for brevity referred to as the 'trial Court') in C.C.No.3150/2008, pronounced the judgment of acquittal on 30.08.2010. It is against the said judgment of acquittal, the appellant/complainant has preferred this appeal.

(2.) The summary of the case of the complainant in the Court below is that, the accused had availed a loan of Rs. 67,000/- from him, towards repayment of which amount, the accused had issued a cheque bearing No.070922 dated 30.10.2006 drawn on Indian Overseas Bank, Bunder Branch, Mangalore. The said cheque when presented for realisation, returned unpaid with the banker's endorsement "Insufficient Funds" on 31.10.2006. Thereafter, the complainant issued a legal notice dated 02.11.2006 which was served upon the accused on 04.11.2006. Even then, the accused neither paid the cheque amount nor replied to the notice, which constrained the complainant to institute a complaint for the offence punishable under Section 138 of N.I. Act.

(3.) To prove his case, the complainant got himself examined as PW-1 and got marked documents from Ex-P1 to Ex-P4. The accused got himself examined as DW-1 and got marked Ex-D1. Though he examined one Sri D. Mohammad as DW-2, but the said witness since failed to tender himself for cross-examination from the complainant side, his evidence was not considered by the trial Court.