H.P. Sandesh, J. - (1.)This appeal is filed under Section 378(1) of Cr.P.C. challenging the judgment of acquittal passed in C.C.No.437/2009 dated 25.05.2010 on the file of the Prl. Civil Judge and JMFC, Chikodi.
(2.)The brief facts of the case is that it is the case of the complainant, who is the appellant in this case contended before the Court below by filing the complaint under Section 200 of Cr.P.C. for the offence punishable under Section 138 of Negotiable Instrument Act (for short, the 'N.I. Act') that he had advanced a loan of Rs.90,000/- to the accused for his truck business through his friends on 11.01.2008 at his residence. The accused has assured repayment of the said amount within a couple of months, but failed to repay the same and hence the complainant insisted the accused to pay the amount and the accused had issued the cheque on 06.05.2009 and when the same was presented with his bank, the same was returned with an endorsement 'funds insufficient'. Thereafter, the complainant issued notice to the accused on 08.06.2009 through his advocate and the same was served on him on 10.06.2009 and in spite of receipt of the notice, he did not choose to give any reply and comply the demand of the notice and hence without any other alternative, the complainant has filed the complaint.
(3.)It is the contention of the complainant that he got himself examined as PW.1 and besides examined one witness as PW.2 and got marked the documents as Exs.P.1 to P.4(a) and the accused also examined himself as DW.1 and examined one witness as DW.2 and he did not choose to mark any documents in support of his defence.