T ZUBAIR Vs. J V PRAKASH

JUDGEMENT

(1.) In the complaint filed by the present appellant under Section 200 of Code of Criminal Procedure, against the present respondent, for the offence punishable under Section 138 of Negotiable Instruments Act, 1881 (hereinafter for brevity referred to as 'N.I.Act'), the learned JMFC, V Court, Mangaluru, Dakshina Kannada District (hereinafter for brevity referred to as 'trial Court'), in C.C.No.1787/2014, pronounced the judgment of acquittal on 31.12.2016. It is against the said judgment of acquittal, the complainant has preferred this appeal.

(2.) The summary of the case of the complainant in the trial Court is that the accused who was his close friend had borrowed a sum of Rs.2,20,000/- from him. Towards repayment of which, the accused had issued to him two cheques bearing Nos.082914 and 082916, both dated 20.09.2014 and each for a sum of Rs.1,10,000/- drawn on State Bank of India, Mangaluru. When both the cheques were presented for realization, they were returned unpaid with the Banker's endorsement 'funds insufficient'. It is thereafter, legal notice was issued to the accused on 14.10.2014 making demand for the payment of the cheque amount. Since the accused failed to make payment made in the legal notice, a complaint came to be filed against him 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 the documents from Exs.P-1 to P-7. From the accused side, he himself was examined as DW-1 but any documents were marked. After hearing both side, the trial Court by its impugned judgment dated 31.12.2016, acquitted the accused for the alleged offence. It is against the said judgment of trial Court, the appellant/complainant has preferred this appeal.