RAJEEV S KANADAM Vs. B PRASANNAIAH

JUDGEMENT

(1.) In the two criminal cases bearing C.C.No.28001/2004 and C.C.No.28023/2004, filed by the present appellant in the Court of V Addl.Judge, Court of Small Causes & 24th Addl.Chief Metropolitan Magistrate, Bengaluru (hereinafter for brevity referred to as 'trial Court'), against the present respondent for the offence punishable under Section 138 of Negotiable Instruments act, 1881 (hereinafter for brevity referred to as 'N.I.Act'), the trial Court in its judgments, both dated 19.11.2007, pronounced the judgment of conviction. Against which, the present respondent, as an accused, preferred Criminal Appeal No.25084/2007 and Criminal Appeal No.25085/2007 respectively, before the Fast Track Court-III, P.O. & Addl.Sessions Judge, Bengaluru (hereinafter for brevity referred to as 'lower Appellate Court'), which by its impugned judgments, both dated 31.12.2009, allowed the appeals and set aside the judgment of conviction passed by the trial Court. It is challenging those two judgments of acquittal passed by the lower Appellate Court, the complainant has preferred these appeals.

(2.) The summary of the case of the complainant in C.C.No.28001/2004 is that towards discharge of liability, the accused had issued a cheque bearing No.195125, dated 20.1.2003, for a sum of Rs. 6 lakhs, in his favour. When he presented the said cheque for realisation on 12.7.2003, it came to be dishonoured with a Banker's endorsement 'insufficient funds', on 21.7.2003. Thereafter, he got issued a legal notice to the accused demanding the payment of the cheque amount. Since the accused failed to pay the cheque amount, he was constrained to initiate proceedings for the offence punishable under Section 138 of N.I.Act.

(3.) In both the criminal cases, the complainant got himself examined as PW-1. In C.C.No.28001/2004, he got marked the documents from Exs.P-1 to P-6(a). In C.C.No.28023/2004, he got marked the documents Exs.P-1 to P-6. Neither the accused examined any witnesses from his side nor got marked any documents as exhibits.