GANGADHAR Vs. ARUN; STATE OF KARNATAKA

JUDGEMENT

(1.) This is the appeal filed by the appellant/complainant being aggrieved by the judgment and order of acquittal passed by the trial Court dated 10.11.2014 in C.C. No.19/2013.

(2.) Heard the arguments of the learned counsel appearing for appellant/Complainant and also learned HCGP for the respondent/State. Respondent No.1 though served, not appeared in the matter.

(3.) Learned counsel for the appellant/complainant during the course of his arguments made the submission that, respondent No.1/accused is known to him. The complainant has given his daughter in marriage to his son-in-law Prashanth Neelkantayya Mungadmath. As his son-in-law was not having his own house, the complainant wanted respondent No.1, who is friend of the complainant being an Engineer, to construct a house for his son-in-law. Respondent No.1 agreed and he received the amount from the son-in-law of the complainant to the tune of Rs.2,50,000/-. That is, once a sum of Rs.1,00,000/- as advance and subsequently a sum of Rs.1,50,000/-. But, respondent No.1 has not constructed any house for the son-in-law of the complainant and on several requests for repayment of the said amount, respondent No.1 asked the appellant/complainant to come and take his amount and gave a cheque which was dishonoured on its presentation. Hence a private complaint was filed by the appellant-complainant before the trial Court alleging that respondent No.1-accused committed an offence under Section 138 of Negotiable Instruments Act.