P D CONSTRUCTION PRIVATE LTD. Vs. IRINE DSOUZA

JUDGEMENT

(1.) This appeal is directed against the judgment of the acquittal dated 28/10/2016 passed by the JMFC Court at Mangalore in C.C.No.222/2014 connected with C.C.No.224/2014.

(2.) The case of the appellant/complainant is that in respect of a sale transaction, respondent herein issued two cheques for Rs.7,50,000/- each, (Ex.P2), for a total sum of Rs.15,00,000/-. The said cheques when presented for encashment were dis-honoured for 'funds insufficient'. Hence, the complainant sought prosecution of the respondent/accused under Section 138 of Negotiable Instruments Act.

(3.) Before the trial Court, the complaint was filed through the Power of Attorney of complainant who examined himself as PW1 and produced in evidence 14 documents. Respondent did not adduce any evidence. However, during the course of cross- examination of PW1, it was suggested to PW1 that the cheques in question were issued in respect of the sale transaction between the complainant and the accused.