PRASHANT Vs. N K VENKATEGOUDA ASST DIRECTOR

JUDGEMENT

(1.) This appeal has been preferred by the appellantcomplainant being aggrieved by the judgment and order of acquittal passed by the learned Civil Judge (Senior Division) and CJM, Gadag in C.C.No.948/2007 dated 04.12.2010 where under the complaint filed under Section 138 of Negotiable Instrument Act,1881 (herein after called as 'the Act') was came to be dismissed by acquitting the accused.

(2.) The brief case of the complainant before the Court below is that he is the owner of the JCB machine. He used to give the said JCB machine on hire basis. Accused-respondent used the said JCB of the complainant on hire basis and after work is completed, the accused was due to a sum of Rs.2,78,000/- to the complainant. When accused asked for payment of the said amount, the accused issued two post dated cheques bearing No.077639 for Rs.1,00,000/- dated 15.02.2005 and 077640 for Rs.1,78,000/- dated 20.02.2005 drawn on Corporation Bank, Branch Gadag in favour of the complainant. On request by the accused, the said cheques were presented for encashment through Reddy Sahakara Bank Niyamitha, Gadag and both the cheques were presented on 14.07.2005 and the same were returned with a memo on the said date with an endorsement 'funds insufficient'. The said fact was intimated by his banker. Thereafter, complainant got issued legal notice on 26.07.2005. The notice was served on the accused on 06.08.2005. Accused neither replied to the said notice nor paid cheque amount till today. Thus complainant constrained to file complaint. On the basis of complaint a case came to be registered under Section 138 of the Act.

(3.) Court below took the cognizance and secured the presence of the accused. Thereafter, complainant examined PWs 1 to 3 and got marked Ex.P1 to P16 and after the evidence of DW1, the impugned judgment came to be passed acquitting the accused. Challenging the same complainant is before this Court.