RAMACHANDRA RAI Vs. G CHANDRASHEKARA SALIAN

JUDGEMENT

(1.) In the complaint filed by the present appellant under Section 200 of Code of Criminal Procedure, against the present respondent, for the offence punishable under Section 138 of Negotiable Instruments Act, 1881 (hereinafter for brevity referred to as 'N.I.Act'), the learned V J.M.F.C., Mangaluru, Dakshina Kannada, (hereinafter for brevity referred to as 'trial Court'), in C.C.No.1270/2006, pronounced the judgment of acquittal on 18.04.2006. It is against the said judgment of acquittal, the complainant has preferred this appeal.

(2.) The summary of the case of the complainant in the trial Court is that the accused was a known person to him and that in the month of April 2003, the accused approached him with a request for a hand loan of a sum of Rs. 50,000/- to meet his emergent financial needs. Accordingly, he lent a loan of Rs. 50,000/- to the accused, which the accused had agreed to repay within six months with interest as agreed. However, he did not repay the said loan and prolonged the repayment on one or the other false reasons. Thereafter, again on 6.5.2005, the accused approached him and demanded another hand loan of a sum of Rs. 30,000/- to meet his urgent financial needs and to get the clearance of a release of housing loan which he was said to have applied with his banker. As such, considering the demand, he (complainant) lent him once again a loan of a sum of Rs. 30,000/-. The accused had promised to repay the said loan immediately after receiving the housing loan amount from the bank. Thus, in total, the accused had taken hand loan of a sum of Rs. 80,000/-.

(3.) In order to prove his case, the complainant got himself examined as PW-1 and got marked documents from Exs.P-1 to P-13. The accused got himself examined as DW-1 and got marked one document as Ex.D-1. After hearing both side, the trial Court by its impugned judgment dated 18.4.2006, acquitted the accused of the alleged offence.