K ISHWARAN Vs. ASHOK B BANNIKOL

JUDGEMENT

(1.) This appeal is filed under Section 378(4) of Cr.P.C. challenging the judgment of acquittal passed in CC No.129/2006 on the file of the J.M.F.C.Hukkeri, dated 2/7/2009 for the offence punishable under Section 138 of N.I.Act.

(2.) The brief facts of the case is that, the complainant was acquainted with the accused and he has given a hand loan of Rs.1,10,000/- on 6/1/2005 and accused did not pay the said amount inspite of several demand and ultimately, he has issued the cheque on 17/2/2006. When the same was presented, it was returned with an endorsement that funds insufficient. The complainant got issued legal notice and the same was served and he did not repay the amount and hence, he filed the complaint and the Court below has taken cognizance, and thereafter, the complainant himself has examined as PW-1. The complainant also examined another witness as PW-2 and got marked Exs.P1 to P4. The accused did not choose to lead any evidence. The Court below after considering both the oral and documentary evidence, acquitted the accused and hence, the present appeal.

(3.) The complainant in this appeal has contended that the Court below fails to appreciate both oral and documentary evidence available on record. The Court below also failed to note that there is promissory note and consideration receipt signed by the accused in support of the said transaction and also failed to take note of the fact that no reply was given to the notice and the Court below ought to have drawn the presumption under Section 139 of N.I.Act and the same has not been done.