KALIDAS Vs. ARVIND

JUDGEMENT

(1.) "Whether order of acquittal dated 18.08.2012 in Criminal Appeal No.18/2009 passed by the Presiding Officer, Fast Track Court - II Bidar, sitting at Bhalki in favour of the accused for the offence punishable under Section 138 of N.I. Act, suffers illegality and impropriety?" is the question involved in this case.

(2.) Petitioner was complainant and respondent was accused in C.C.No.70/2007 on the file of JMFC Court, Bhalki. He filed complaint in the said case against the respondent - accused under Section 200 Cr.P.C., to prosecute the accused for the offence punishable under Section 138 of N.I. Act. For the purpose of convenience, the parties will be referred to henceforth with their ranks before the Trial Court.

(3.) The complainant alleged that the accused borrowed loan of Rs.1,50,000/- from him on 02.09.2002 to start a fertilizer shop and failed to repay the said debt. He alleged that towards repayment of the said debt, accused issued cheque No.002601 for Rs.1,50,000/- drawn on the District Co-Operative Central Bank Limited, Bidar and when the cheque was presented for realization, the same was returned with endorsement 'funds insufficient'. He alleged that despite service of statutory notice on 27.11.2006, accused failed to pay the cheque amount, thereby committed offence of cheating punishable under Section 138 of N.I. Act.