C KALEGOUDA Vs. S SADASHIVAPPA

JUDGEMENT

(1.) THIS is an appeal against the order of acquittal dated 28-12-1993 in CC No. 120/89 on the file of the learned Additional Civil Judge and Chief Judicial Magistrate, Mandya acquitting the respondent, who was charged on a private complaint for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881, hereinafter referred to as the Act and Section 420, IPC.

(2.) A private complaint was filed by the appellant against the respondent alleging that the respondent accused purchased fruits from the complainant worth Rs. 8030/- and issued cheque for Rs. 8000/- on 5-7-1989 in favour of the complainant and when it was presented to the Bank, it was returned with endorsement "referred to drawer". It was found that the respondent accused, who had issued the cheque had no sufficient funds at his credit. As provided under Section 138 of the Act, the complainant - appellant issued notice within the time allowed, to the respondent, and thereafter filed the complaint after a delay of 24 days.

(3.) THE trial Court took cognizance of the offence and registered the case and the trial proceeded. The trial Court held that there was money transaction between the complainant and the accused and the accused had issued the cheque in question in favour of the complainant in discharge of his liability and later on it was dishonoured and the accused - respondent evaded to receive the notice sent by the complainant. The trial Corut held that there was compliance of the provisions of Section 138 of the Act. It also held that the complainant has proved that the liability existed on the part of the accused to repay the amount towards the cost of the fruits purchased by the accused from the complainant. It further held that the cheque was dishonoured on the ground of insufficiency of funds.