B.L.JAYARAJ RAO Vs. P.ABOOBACKER

JUDGEMENT

(1.) THE complainant in a prosecution for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short 'the N.I.Act') is the appellant since he is aggrieved by the judgment dated 31.08.2009 in C.C.No.187 of 2008 of the court of Judicial First Class Magistrate-I, Hosdurg, by which the learned Magistrate acquitted the accused under Section 255(1) of the Cr.P.C.

(2.) THE case of the complainant is that accused borrowed an amount of Rs.30,000/- from the complainant and in discharge of the said liability the accused has issued Ext.P1 cheque dated 29.08.2007 for an amount of Rs.30,000/- which when presented for encashment returned dishonoured stating "exceeds arrangements" and thereafter the complainant sent a statutory notice to the accused. The accused has not repaid the amount and, therefore, he had committed the offence punishable under Section 138 of the Negotiable Instruments Act.

(3.) THE trial court found that Ext.P1 cheque was not issued by the accused to discharge only legally enforceable debt as alleged by him and consequently on finding that accused is not guilty, he is acquitted under Section 255(1) of Cr.P.C. To challenge in the above finding and order of acquittal the petitioner seeks leave of this Court for filing an appeal.