SEEMA Vs. SHABANA M JAMADAR

JUDGEMENT

(1.) The present appeal has been preferred by the appellant/complainant being aggrieved by the judgment of acquittal passed by the II Addl. Civil Judge and JMFC, Belagavi in C.C.No.1977/2009 dated 14.10.2010.

(2.) I have heard the learned counsel for the appellant/complainant and the learned counsel for the respondent/accused.

(3.) The gist of the complaint as per the case of the complainant is that, in the month of August 2003, accused approached him for hand loan of Rs.50,000/- for filling tender of Air Force Station, Sambra. The complainant gave loan of Rs.40,000/- i.e., Rs.30,000/- by way of cash and Rs.10,000/- by cheque. It is further case of the complainant that the complainant was dealing with dress materials. Accused purchased dress material worth Rs.35,000/- and as on the date, the accused was owing a debt of Rs.75,000/- to the complainant. In the month of January, 2005, accused repaid Rs.10,000/- to the complainant by issuing a demand draft, but failed to repay the remaining amount of Rs.65,000/- and on 05.07.2005, accused issued cheque bearing No.140314 for a sum of Rs.65,000/- drawn on Union Bank of India, Kadolkar Galli, Belagavi. When the said cheque was presented for collection through the Canara Bank, the said cheque was dishonoured on 16.01.2006 with the shara 'insufficient funds'. The said fact was brought to the notice of the accused, in spite of which the accused did not pay the cheque amount. Notice was served on accused on 15.02.2006. In spite of service of notice, accused did not pay and as such, a complaint was filed under Section 138 of N.I. Act. Thereafter the Court below took cognizance and secured the presence of the accused. Thereafter the complainant came to be examined as PW1 and got marked Exs. P1 to P8 and thereafter accused came to be examined as DW1 and got marked Exs.D1 to D12. After hearing the learned counsel, the complaint filed came to be dismissed. Being aggrieved by the same, the complainant is before this Court.