SHIDDAPPA Vs. M K RATHOD

JUDGEMENT

(1.) I have heard the learned counsel for appellant and also counsel for respondent on merits. Since the matter is listed for final hearing.

(2.) The present appeal is filed against the order of acquittal passed by the Court below in C.C.No.1710/2006 on the file of II Addl. JMFC, Bagalkot vide judgment of acquittal dated 24.02.2010. The ranking of the parties is referred as per their ranking before the trial Court.

(3.) The factual matrix of the case is that the accused is well known to the complainant and the accused was in financial difficulties and hence requested him to advance a hand loan of Rs.62,000/- and believing the words of accused, the complainant advanced the hand loan amount of Rs.62,000/- on 14.05.2004. The case of the complainant that on the very same day the accused has executed a hand loan document in favour of the complainant by agreeing to repay the said loan and again on 01.12.2004, the accused requested the complainant to advance an additional loan amount of Rs.13,000/- for his family and legal necessity and the same was advanced. The complainant did not insist the accused to execute the loan document in favour of the complainant. In all the accused is in due of Rs.75,000/- towards the hand loan.