DEVDAS NAKKA Vs. LEELAVATI K HARIJAN

JUDGEMENT

(1.) This appeal is filed under Section 378(4) of Cr.P.C. challenging the judgment of acquittal passed in C.C.No.395/2008 on the file of the learned Civil Judge and JMFC, Dandeli for the offence punishable under Section 138 of Negotiable Instrument Act (for short, 'N.I. Act').

(2.) The parties are referred to in their original rankings as complainant and the accused.

(3.) The brief facts of the case is that the complainant, who is the husband of the accused has filed a complaint under Section 200 of Cr.P.C. against the accused making the allegation that his wife was working in the Government office and in order to get confirmation of the job she was in need of money and received an amount of Rs.95,000/- in the year 2006 as hand loan from the complainant and though she promised to repay the same after confirmation of her job, she failed to repay the amount and hence she gave the cheque dated 15.02.2008 for an amount of Rs.95,000/- and when the same was presented before the Bank, the same was returned with an endorsement 'insufficient funds' and hence the complainant issued legal notice dated 18.02.2008 and the same was served on the accused and she gave untenable reply and hence the complaint is filed and the Court below has taken the cognizance and conducted the trial.