G. RAMAKRISHNAN Vs. R. EKAMBARAM

JUDGEMENT

(1.) This appeal is filed by the appellant/accused under Sec. 378(4) of Criminal Procedure Code, 1973 (' Cr.P.C .' for short) challenging the judgment dtd. 26/11/2011 passed by the XVIII ACMM and XX ASCJ, Bengaluru City, in CC No.13147/2006, whereby he has acquitted the accused/respondent herein for the offence under Sec. 138 of the Negotiable Instruments Act, 1881 (' N.I. Act ' for shot).

(2.) For the sake of convenience, the parties herein are referred with the original ranks occupied by them before the trial Court.

(3.) The brief factual matrix leading to the case are that, in the month of June 2005, the accused had approached the complainant for hand-loan of Rs.1,35,000.00 for his Lathe business by promising to repay the same by 30/11/2005; that the complainant had advanced the hand-loan as sought by the accused and the accused has failed to keep-up his promise. On demand by the complainant for repayment of loan amount, the accused has issued a cheque dtd. 10/12/2005 for a sum of Rs.1,35,000.00 drawn on Federal Bank Limited, Rajajinagar, in favour of the complainant. When the said cheque was presented by the complainant through his banker, it was dishonoured for Insufficient Funds and immediately, the complainant has issued a legal notice to the accused and though notice was served on the accused, he did not respond. According to the complainant, the accused has issued the cheque towards legally enforceable debt having knowledge that he had no sufficient funds in his account and hence, it is alleged that, he has committed offence under Sec. 138 of the Negotiable Instruments Act and as such, he filed a private complaint before the learned Magistrate.