(1.) The order passed by the III Additional Civil Judge (Jr.Dn.) and Additional JMFC., Belgaum in C.C. No. 1/2006, acquitting the respondent/accused of the offence punishable under Section 138 of Negotiable Instrument Act (hereinafter referred to as the 'N.I. Act') is questioned in this appeal.
(2.) The facts leading to the appeal are as follows: The appellant (complainant) is a businessman dealing in pharmaceuticals. Towards the purchases made by the respondent-accused, he issued a cheque bearing No. 083220 dated 11.08.1999 for Rs. 4,33,395/- drawn on Chikkodi Urban Co-operative Bank Limited, Kakati Branch. The said cheque when presented for encashment was returned for the reason of 'insufficient funds'. The complainant caused a statutory notice dated 26.08.1999. The accused though issued a reply thereto, failed to comply with the demand. Hence, the complainant sought action against the accused under Section 138 of N.I. Act.
(3.) The complainant examined himself as PW. 1 and produced in evidence the original cheque as per F.x.P.1, the memo of dishonour as per Ex. P.2, office copy of the notice as per Ex. P.4, postal acknowledgment as per Ex. P.6 and the reply notice as per Ex. P.7. The accused did not chose to examine himself or to produce any documents in support of his defence. However, he presented a written synopsis denying the claim of the complainant.