AJMERA HOUSING CORPORATION Vs. RAMACHANDRA

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 XLII Additional Chief Metropolitan Magistrate, Nrupathunga Road, Bengaluru City (hereinafter for brevity referred to as 'trial Court'), in C.C.No.5779/2017 pronounced the judgment of acquittal on 22.02.2018. 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 it is a partnership firm. Towards the discharge of his liability, the accused had issued to it a cheque bearing No.154377 dated 03.11.2016 for a sum of Rs. 2,50,00,000/- drawn on M/s. Karnataka Bank Limited, Basavanagudi Branch, Bengaluru. When the said cheque was presented by the complainant to its Banker for its realisation, the same came to be dishonoured for the reason 'funds insufficient' with a memo dated 31.12.2016. The complainant was informed about the same from its Banker on 02.01.2017. Thereafter, the complainant got issued a legal notice demanding the accused to pay the cheque amount within 15 days from the date of issuance of notice which was dated 04.01.2017. Despite receipt of notice, the accused did not make any payment of the amount covered under the cheque. Thus, it constrained the complainant to file a complaint against the accused for the offence punishable under Section 138 of the N.I.Act.

(3.) To prove its case, the complainant got examined two witnesses as PWs.1 and 2 and got marked documents from Exs.P1 to P8. From the accused side, accused himself was examined as DW1 and Exs.D1 and D1(a) were marked. After hearing both side, the trial Court by its impugned judgment dated 22.02.2018, acquitted the accused of the alleged offence. It is against the said judgment, the appellant has preferred this appeal.