N. SURYANARAYAN S/O T. NAGAPPA Vs. AYAZ AHMED ADVOCATE

JUDGEMENT

(1.) APPEAL by the complainant against the judgment of acquittal in C.C.No.5985/2004 dated 16th October 2006 on the file of XVIII Addl.C.M.M., Bangalore City.

(2.) COMPLAINANT had filed a private complaint under Section 200 of Cr.P.C. interalia alleging that, accused is known to him, he approached for hand -loan of Rs. 5,00,000/ - to meet his urgent financial commitment. Complainant paid Rs. 5,00,000/ - and in this regard, the accused issued a cheque No.702789 dated 23.9.2003 for a sum of Rs. 5.00.000/ - drawn on Citi Bank, Bangalore, in favour of the complainant. On presentation, the said cheque returned from the banker of the complainant with an endorsement "insufficient fund". In this regard, complainant issued the notice by RPAD, it was duly served on the accused, accused failed to pay the amount. Hence, he filed the private complaint.

(3.) TRIAL court on appreciation of the evidence held that the complainant has not proved that the accused had borrowed Rs. 5,00.000/ - and has also not proved that there is legally recoverable debt and accordingly, acquitted the accused. It is against the said judgment, complainant is before this Court in appeal.