D.NARASIMHARAJU Vs. B.R.VISHWANATH

JUDGEMENT

(1.) In the complaint filed by the present appellant under Section 200 of Code of Criminal Procedure, against the present respondent, for the offence punishable under Section 138 of Negotiable Instruments Act, 1881 (hereinafter for brevity referred to as 'N.I. Act'), the learned Senior Civil Judge & JMFC, Hunsur (hereinafter for brevity referred to as 'trial Court'), in C.C.No.82/2006 pronounced the judgment of acquittal on 21.06.2010. 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 for his legal necessities had borrowed a sum of Rs.90,000/- from him agreeing to repay the same with interest. Towards discharge of the said loan, the accused issued post dated cheque bearing No.912679 dated 24.06.2005 for a sum of Rs.90,000/- drawn in favour of the complainant at Vysya Bank, Hunsur. When the said cheque was presented for realisation, it returned with the banker's endorsement "insufficient funds". Thereafter, the complainant got issued legal notice to the accused demanding the payment of the cheque amount due. However, inspite of receipt of notice, the accused did not comply the demand made in the notice. This constrained the complainant to institute a case against him for the offence punishable under Section 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 5(a). Neither any witness was examined nor any document was marked as exhibit from the side of the accused.