C B SHARMA Vs. VARADHARAJ

JUDGEMENT

(1.) This Criminal Appeal is directed against the judgment of the Lower Appellate Court which has reversed the judgment of conviction and sentenced passed by the trial Court in the proceedings initiated under Section 138 of Negotiable Instrument Act against the respondent/accused.

(2.) The brief facts of the case is that from C.B.Sharma the complainant/appellant Varadharaj accused/respondent borrowed money on the following dates; 1. 10.01.2008 Rs.50,000/- 2. 15.04.2008 Rs.1,50,000/- 3. 05.06.2009 Rs. 60,000/-

(3.) While borrowing the above said money, Varadharaj executed pro-notes for Rs.50,000/- and Rs.1,50,000/-. When he borrowed Rs.60,000/- for the 3rd time, the money was paid to him without any security on faith. After repeated demand, the accused gave the following three cheques, to discharge the liability.