D RAJKUMAR Vs. M C RANADEVA

JUDGEMENT

(1.) In the complaint filed by the present appellant under Sec. 200 of Code of Criminal Procedure, against the present respondent, for the offence punishable under Sec. 138 of Negotiable Instruments Act, 1881 (hereinafter for brevity referred to as 'N.I.Act'), the learned III Addl.Senior Civil Judge & JMFC, Davanagere, (hereinafter for brevity referred to as 'trial Court'), in C.C.No.527/2009 (old C.C.No.2446/2007), pronounced the judgment of acquittal on 15.04.2010. It is against the said judgment of acquittal, the complainant has preferred this appeal.

(2.) The summary of the case of the complainant in the trial Court is that the accused was acquainted with him and that at his request, he gave a hand loan of a sum of Rs. 3,25,000.00 to him in the third week of Nov. 2006 to enable him to meet his family urgent necessities. Having agreed to repay the loan amount within five months, the accused had given him a post-dated cheque bearing No.247977, for a sum of Rs. 3,25,000.00 on the very same day of the loan, but, putting the date of the cheque as 11.4.2007. When the said cheque was presented for realisation, the same came to be dishonoured with a banker's endorsement "funds insufficient". Thereafter, a legal notice was issued by the complainant to the accused demanding the repayment of the cheque amount. Since the accused/respondent instead of paying the cheque amount, sent an untenable reply, the complainant was constrained to initiate legal proceeding by instituting a case against him for the offence punishable under Sec. 138 of N.I.Act.

(3.) To prove his case, the complainant got himself examined as PW-1 and got marked the documents from Exs.P-1 to P-11. The accused got himself examined as DW-1 and other three witnesses as DW-2 to DW-4 and Exs.D-1 to D-4 were marked. After hearing both side, the trial Court by its impugned judgment dated 15.04.2010, acquitted the accused of the alleged offence. It is against the said judgment, the appellant has preferred this appeal.