D BHAGYALAKSHMI Vs. CHANDRASHEKAR C S/O PUTTAVEERAPPA

JUDGEMENT

(1.) Heard the learned counsel for appellant and respondent on merits of the case as the records have already been received at the admission stage.

(2.) The brief factual matrix of the case as could be seen from the records is that the complainant- Smt.D.Bhagyalaxmi being the proprietor of M/s. 'Central News Agency' has filed a complaint stating that the accused is the proprietor of a 'Bindushree News Agency' and the accused is the customer of the said proprietorship Concern. In the usual course of business, the accused used to collect money from the shops and remit the same to the complainant. In the year 2009, the accused has committed default in making payments to the complainant in respect of the magazines and periodicals supplied by her to the various shops through the accused. In this context, it is said that, in the month of June, 2009, the accused was due in a sum of Rs.4,00,000/-. In discharge of the said amount, the accused has issued a cheque bearing No.306639 dated 06.02.2010 for a sum of Rs.1,75,000/- and also issued another cheque bearing No.306620 dated 16.04.2010 for a sum of Rs.1,25,000/-. On presentation of those two cheques, same were returned with an endorsement as "funds insufficient" dated 09.02.2010 and 20.04.2010 respectively. After issuance of notice to the accused and after compliance of legal procedures, a complaint came to be filed against the accused before the trial Court.

(3.) The accused after appearance, contested the case. The complainant got examined herself as PW1 and got marked 11 documents as Exs.P.1 to 11, whereas, the accused got examined himself as DW1 and closed his case. The trial Court after appreciating the oral and documentary evidence on record has come to the conclusion that the complainant has not proved the case beyond all reasonable doubt and giving benefit of doubt, accused has been acquitted.