V. BASAVARAJAPPA S/O P. VEERAPPA Vs. BASAVARAJAIAH S/O PARVATHAIAH

JUDGEMENT

(1.) APPEAL by the complainant against the judgment of acquittal passed by the Fast. Track Court -I, Shimoga in Criminal Appeal No. 60/2004 dated 2nd October 2006, reversing the judgment of conviction passed by the J.M.F.C., Bhadravathi, in CC.No. 2009/1999 dated 7th October 2004.

(2.) COMPLAINANT had filed a private complaint interalia alleging that the accused had borrowed a sum of Rs. 70,000/ - from him on 10.11.1998 and in discharge of the said loan, he had issued a cheque dated 10.11.1998 drawn on Canara Bank, Shimoga. The said cheque was presented on 1.1.1999 and on 13.1.1999 it was returned by the bank with an endorsement "fund insufficient", as such, the complainant issued a legal notice, however, the accused did not make the payment. Hence, complainant was constrained to file a private complaint.

(3.) TO prove the case, the complainant got himself as PW -1 and produced Exs.P1 to P5. In the cross -examination of complainant, on the defence side, Exs.D1 to D6 were marked.