J LALITHA Vs. JAYAMMA

JUDGEMENT

(1.) The present appellant was the complainant in the Court of the Principal First Civil Judge (Jr.Dn) and JMFC at Mysuru (hereinafter for brevity referred to as the 'trial Court'), who had instituted a criminal case against the present respondent in C.C.No.1142/2008, under Section 200 of Code of Criminal Procedure (hereinafter for brevity referred to as 'Cr.P.C'), for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881, (hereinafter for brevity referred to as 'N.I. Act').

(2.) The summary of the case of the complainant in the trial Court was that herself and the accused were known to each other and that in the month of July, 2007 accused had borrowed a hand load of Rs. 4 lakhs from her and had issued a cheque bearing No.760166 drawn on Post Office Savings Bank, Saraswathipuram, Mysuru on 07.11.2007, towards repayment of the said loan. When presented for realisation, the said cheque returned with an endorsement 'account closed'. Thereafter, the complainant got issued a legal notice on 20.11.2007, to the respondent/accused. Since the accused did not comply the demand made in the notice and also not repaid the loan amount, the complainant was constrained to file a complaint against her for the offence punishable under Section 138 of the N.I. Act.

(3.) The accused appeared in the matter and contested. In order to prove the alleged guilt against the accused, the complainant got herself examined as PW-1 and got marked Exs.P-1 to P-12. Neither any evidence was led from the accused side nor any documents were marked. After hearing both side, the trial Court by its impugned judgment dated 10.02.2010, acquitted the accused for the offence punishable under Section 138 of the N.I. Act. It is against the said judgment of acquittal, the complainant has preferred this appeal.