H.G.NAGARAJA Vs. H.SURESH NAIKA

JUDGEMENT

(1.) This appeal has been preferred by the complainant/appellant being aggrieved by the judgment and order of acquittal passed by JMFC-III Court, Shivamogga, in C.C.No.1317/2016 dated 3.1.2018.

(2.) The factual matrix of the complaint is that complainant and accused were acquainted with each other since several years. Accused has approached the complainant in the month of March 2015 for financial assistance for household expenses and to discharge his debt. In the month of April 2015 complainant lent Rs.2,00,000/- and another Rs.1,00,000/- in the month of May 2015 and thereafter in the month of June 2015 he has paid another Rs.1,00,000/-, in all Rs.4,00,000/- was given to the accused.

(3.) In order to discharge the said loan amount, accused issued the cheque bearing No.404009 dated 12.5.2016 drawn on Vijaya Bank, Harnahalli Branch. When the said cheque was presented for encashment on 12.5.2016, it was returned with the shara 'funds insufficient' on 17.5.2016. Complainant got issued the legal notice calling upon the accused to pay the cheque amount within 15 days. The said notice was served to the accused on 10.6.2016, but the accused neither replied nor complied with the terms of the legal notice and as such a private complaint was filed. Thereafter, the learned Magistrate took the cognizance after recording the sworn statement and secured the presence of the accused. Thereafter the plea of the accused was recorded and accused pleaded not guilty, he claims to be tried and as such case was posted for trial.