A SATHYANARAYANA Vs. C NAGARAJ

JUDGEMENT

(1.) THIS appeal is filed by the complainant against the order of acquittal of the respondent-accused in respect of the offence under Section 138 of the Negotiable Instruments Act (hereinafter referred to as 'the Act'), in Crl. A. No. 10004/98 on the file of the Court of the IV Addl. Sessions Judge, Mayo Hall, Bangalore by the judgment dated 4-7-98 by allowing the appeal and setting aside the order of conviction and sentence passed by the learned X Addl. CMM, Bangalore in C. C. No. 22669/97.

(2.) THE appellant-complainant filed the complaint in the trial Court in C. C. No. 22669/97 under Section 138 of the Act alleging that the respondent-accused has issued a cheque for Rs. 5,00,000/- dated 15-3-97 by way of refund of the advance amount received under an agreement of sale transaction for the purchase of the land, when it was ultimately found that the said land does not belong to the respondent. When the said cheque was presented for the payment to the Bank, the same was returned dishonoured with Bank endorsement on 31-3-96 as 'insufficient funds'. Thereafter, the appellant issued notice dated 12-4-96 to the accused calling upon the respondent to pay the said cheque amount within 15 days from the date of receipt of the same. Since the respondent has not complied with the said demand made in the notice, the appellant filed the complaint in the trial Court within one month from the date on which the cause of action arose.

(3.) THE respondent pleaded not guilty to the accusation read over to him in the trial Court and claimed to be tried.