K.N. RAJU Vs. MANJUNATH T.V

JUDGEMENT

(1.) This appeal is directed against the judgment of acquittal dated 17.12.2009 passed by the XVI Addl. Chief Metropolitan Magistrate, Bangalore City in C.C.No.23063/2008 acquitting the accused for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the NI Act ', for brevity). The same is challenged in this appeal urging various grounds.

(2.) Heard the arguments advanced by the learned counsel for the respondent/accused in this appeal. Learned counsel for the appellant has not advanced any arguments and he was not present though the case was called several times.

(3.) The factual matrix of the appeal are as under: The complainant is known to the accused as a family friend. The accused is running a travel agency business in Gandhinagar area and in the month of October 2004 the accused has approached the complainant and requested him to give hand loan of Rs.70,000/- to meet his domestic problems and family commitments and also to invest some amount in the business. The complainant on considering the request of the accused, gave an amount of Rs.70,000/- by way of cash to the accused on 29.10.2004. While receiving the said loan amount, the accused has also executed Loan agreement and he did give three cheques in favour of the complainant. The accused also promised the complainant that he would return the loan amount during the month of April 2008. As per the request made by the accused, the complainant presented the cheques for encashment. But the cheques in question were dishonoured with an endorsement Drawee signature differs/incomplete and insufficient funds. Subsequently, the complainant got issued a legal notice to the accused both under RPAD and under UCP. The notice sent to the accused by RPAD returned with an postal acknowledgment "No such person in the address". But however, the notice sent through UCP was served on the accused. Despite receipt of legal notice, the accused neither replied nor paid any amount towards the amount mentioned in the aforesaid cheques in question. Hence, the complainant filed the complaint before the court below alleging that the accused has committed the offence punishable under Section 138 of the NI Act and to prosecute the case against the accused.