KHUDASAB DASTAGEERSAB GOLASANGI Vs. SHIVAKANT CHANAPPA JATTI

JUDGEMENT

(1.) This appeal is f iled chal lenging the judgment dated 16.10.2007, passed by the Judicial Magistrate First Class, Banahatti, in C.C.No.490/2004, acquitting the accused therein of an of fence punishable under Section 138 of the Negotiable Instruments Act.

(2.) It is the case of the complainant that the accused has taken a hand loan of Rs.2 lakhs for his business purpose and for repayment of the said amount the accused had issued cheque bearing No.501480, dated 5.11.2003, drawn on the State Bank of India, Banahatti Branch, for Rs.1 lakh and another cheque bearing No.501481, dated 31.12.2003, for Rs.1 lakh. As per the request of the accused person the complainant presented both the cheques for payment on 4.5.2004 through the State Bank of Mysore, Rabakavi Branch. Both the cheques were returned with the endorsement 'account closed' on 5.5.2004 and thereafter the complainant issued a notice on 17.5.2004 cal ling upon the accused to make payment of the cheque amount. The notice sent by registered post to the last known address of the accused was returned unserved with the endorsement 'not claimed' . Thereafter in spite of notice the accused has not paid the cheque amount. Hence the complaint came to be fi led.

(3.) The learned Magistrate on taking cognizance of the of fence, recorded the sworn statement of the complainant and thereafter issued process to the accused. The accused appeared before the Court and pleaded not gui lty to the accusation made against him. Thereafter the complainant in order to prove the case has examined himsel f as PW.1 and produced the documents Ex.P.1 to P.15. The complainant thereafter examined PWs.2 and 3 in his favour. The accused was questioned under Section 313 of Cr.P.C. regarding his involvement in the case. The accused has denied the al legations made against him. Thereafter he has examined himself as DW.1 and got marked Ex.D.1 to D.6 in his defence. The accused thereafter examined DW.2 in his defence.