M. MUNIRAJU S/O MUNIYAPPA Vs. SHRI P.S NAGARAJU. S/O LATE SRI. SUBRAMANYA IYER

JUDGEMENT

(1.) APPEAL by the complainant, questioning the judgment of acquittal in C.C.No.7901/2005 dated 4th August 2006 on the file of XXII Addl. CM. M., Bangalore City.

(2.) CASE of the complainant was that, the accused had approached the complainant on 6.10.2004 with a request for hand loan of Rs. 4,00.000/ - for the purpose of performing his daughter's marriage. Accused received the money of Rs. 4,00.000/ - and issued a cheque dated 6.11.2004. When the Cheque was presented to the Bank, it returned with an endorsement "funds insufficient". Complainant issued legal notice on 23.11.2004. calling upon the accused to pay the said amount with interest, however, the accused though received the notice, but gave an untenable reply denying the transaction itself, as such, complainant filed a private complaint for an offence punishable under

(3.) COMPLAINANT to prove his case got himself examined as PW -1 and produced Exs.P1 to P9 whereas, accused got himself examined as DW -1 and also examined his daughter as DW -2, however, no documents were produced in his evidence.