H R NAGARATHNA Vs. JAYASHREE PRASAD

JUDGEMENT

(1.) The appellant herein being complainant in C. C. No. 29722/2005, has challenged the legality and correctness of the judgment and order of acquittal dated 30-1-2009 passed in the said case by the XIII Additional Chief Metropolitan Magistrate, Bangalore, (hereinafter referred to as the "Trial Court"), acquitting the accused therein (respondent herein) of the offence under Section 138 of the Negotiable Instruments Act.

(2.) Though this matter is listed today for admission, it is taken for final disposal by consent of the learned counsel for the appellant and his arguments on merits are heard. Perused the impugned judgment and order of acquittal and also copies of depositions of PW-1 the complainant and DW1 - the accused which are made available by the learned counsel for the appellant.

(3.) Stated in brief the case of the complainant is that the accused, who is known to the complainant since the past six years, borrowed from the complainant a hand loan of Rs. 36,000/- on 10-1-2005 for meeting her urgent necessities and thereafter on 31-7-2005 when the complainant demanded repayment of the said loan amount, the accused issued the cheque for the said amount of Rs. 36,000/- and said cheque, on being presented to the Bank came to be returned dishonoured with an endorsement as 'Funds insufficient' and therefore, the complainant issued to the accused the statutory notice dated 3-8-2005. Further case of the complainant is that since the accused failed to comply with the said statutory notice despite receiving the same on 15-3-2005, the complainant lodged her said complaint against the accused.