GIRIDHARA GANIGA Vs. ADARSH

JUDGEMENT

(1.) In a private complaint filed by the present appellant/complainant under Section 200 of Code of Criminal Procedure (hereinafter referred to as "Cr.P.C." for brevity), against the present respondent/accused, for the offence punishable under Section 138 of Negotiable Instruments Act, 1881 (hereinafter for brevity referred to as "N.I.Act"), the learned III Additional Civil Judge (Jr.Dvn.) & J.M.F.C., Udupi (hereinafter for brevity referred to as "Trial Court"), in C.C.No.4173/2004, pronounced the judgment of conviction, convicting the present respondent/accused - Sri. Adarsh, on 22-01-2008 and sentenced him to pay a fine of Rs.1,15,000/- and in default, to undergo Simple Imprisonment for a period of one year. Against the said judgment and order of conviction, the present respondent/accused- Sri Adarsh preferred a Criminal Appeal No.59/2008 before the learned Presiding Officer, Fast Track Court at Udupi, (hereinafter for brevity referred to as the 'Lower Appellate Court'), which by its impugned judgment and order dated 18-06-2009 allowed the appeal filed by the respondent/accused and set aside the judgment of conviction passed by the Trial Court. It is challenging the said judgment of acquittal passed by the Lower Appellate Court, the appellant/complainant has preferred this appeal.

(2.) The summary of the case of the complainant in the Trial Court is that, the accused who is his close relative had borrowed a hand loan of a sum of Rs.1,10,000/- on 14-10-2000 for his business purposes. In order to discharge the said debt, accused issued to him a cheque bearing No.0531932 dated 14-10-2000 drawn on Vyshya Bank Limited, Udupi Branch, favouring the complainant. When presented, the said cheque was returned dishonoured with the banker's endorsement 'insufficient funds'. Thereafter, the complainant issued a legal notice to the accused calling upon him to pay the cheque amount. However, the accused neither made any payment nor replied to the legal notice which constrained the complainant to institute a criminal case against the accused for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the "N.I. Act" for brevity).

(3.) To prove his case, the complainant got himself examined as PW-1 and got marked documents from Exs.P-1 to P-5(a). From the side of the accused, four witnesses were examined as DW-1 to DW-4, wherein the accused himself got examined as DW-4 and documents from Exs.D1 to D6 were got marked.