S.V. ENTERPRISES Vs. TULASIRAM.V

JUDGEMENT

(1.) The present appeal is filed by the aggrieved complainant against the judgment of acquittal passed by the XVIII ACMM and XX ASCJ, Bengaluru City in CC No.26641/2006 dated 23.2.2010 for the offence punishable under Section 138 of the Negotiable Instruments Act.

(2.) Heard and perused the records.

(3.) Before adverting to the grounds of appeal, it is just and necessary to bear in mind few facts of the case as per the complaint averments. The complainant has filed a complaint u/s.200 of Cr.PC. making allegations under section 138 of the Negotiable Instruments Act, stating that, the complainant is a businessman and accused was interested in Film production. As both are known to each other, the accused had borrowed a sum of Rs.75,000/- as loan from the complainant for the purpose of film production. In this connection, for the repayment of the said amount, the accused had issued a cheque bearing No.592344, dated 7.6.2006 for a sum of Rs.50,000/- drawn on The Hong Kong and Shanghi Banking Corporation Limited, Manipal Center, Dickenson road, Bengaluru. Accordingly, the complainant presented the said cheque to his Bankers - Union Bank of India, Malleshwaram Branch, Bengaluru. However, the cheque was dishonoured with the shara noted by the Banker "Funds insufficient" vide endorsement dated 8.6.2006. Thereafter, the complainant stated that he has issued a legal notice on 15.6.2006 calling upon the accused to make good the payment of Rs.50,000/-. Though the notice was served on the accused on 16.6.2006, the accused has issued an untenable reply to the said notice, but he has not complied with the notice by making the payment. Therefore, the complainant has filed the complaint within time i.e., on 18.7.2006. On appearance, the accused has contested the proceedings by taking various grounds. The plea of the accused was recorded and he denied the allegation made against him and claims to be tried.