J. M. KHAZI
Naveen A. V. , S/O Mr. A. S. Vishwanath – Appellant
Versus
Srinivasa Murthy S. , S/O Mr. Yerrappa – Respondent
JUDGMENT
J.M. Khazi, J.
This appeal is by the complainant challenging the acquittal of respondent/accused for the offence punishable under Section 138 of Negotiable Instruments Act, 1881 (for short 'N.I.Act') by the trial Court.
2. For the sake of convenience, parties are referred to by their rank before the trial Court.
3. Complainant filed the complaint against the accused alleging that in order to overcome his financial difficulties, accused approached complainant and borrowed a sum of Rs.4,50,000/-. Accused agreed to pay interest at the rate of 3% p.m. i.e, Rs.13,500/- p.m. He also issued three cheques dated 05.11.2015 for Rs.2,00,000/, Rs.1,50,000/- and Rs.1,00,000/-. He also issued one more cheque for Rs.2,50,000/- dated 05.11.2015 towards part payment of interest. Accused assured prompt payment of the amount on presentation of cheques to the bank. Complainant presented the cheque, through his banker. To his shock and surprise, they were dishonoured with endorsement "Funds insufficient''. Complainant got issued legal notice dated 17.12.2015. Though it is duly served, accused has neither paid the amount nor sent any reply and hence the complaint.
4. After due service of summons ac
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.