KUMAR Vs. SATISH S PATIL

JUDGEMENT

(1.) This appeal is filed under Section 378(4) of Cr.P.C. challenging the judgment of acquittal dated 03.07.2010 passed in C.C.No.635/2008 on the file of the Principle Civil Judge & Prl. JMFC., Dharwad and prayed this Court to convict the respondent for the offence punishable under Section 138 of Negotiable Instruments Act.

(2.) The ranking of the parties is referred as per their ranking before the trial Court.

(3.) The brief facts of the case is that, the appellant/complainant has obtained the hand loan of Rs.6,50,000/- from the complainant and he has issued two cheques for a sum of Rs.3,00,000/- and another sum of Rs.3,50,000/- in which one was honored and other cheque which was presented for encashment was returned with an endorsement "not arranged for" and he has issued legal notice. The accused also given reply to the legal notice denying the liability and hence he has filed the complaint. The Court below has taken cognizance and the complainant has adduced his evidence by examining himself as PW.1 and also examined two witnesses as PWs.2 and 3. The complainant relied upon the documents Exs.P1 to P7. The accused did not chose to lead any evidence however confronts the document of Ex.D1 in the crossexamination of PW.1. The Court below considering both oral and documentary evidence has acquitted the accused. Hence, the present appeal is filed.