AI Structured Summary
Not yet generated for this judgment
Judgment
Huluvadi G. Ramesh, J.—This appeal is by the complainant assailing the order of acquittal of the Respondent-accused dated 6.8.2008 passed by the Addl Civil Judge (Jr. Dn.), Mandya in CC No. 1844/2006, for the offence punishable u/s 138 of the Negotiable Instruments Act ("NI Act" for short).
According to the complainant, the accused is his friend and for having borrowed the amount, the accused has issued a cheque towards repayment of the loan availed. On presentation, the cheque came to be dishonoured for "insufficient funds", as such a case came to be filed. The Trial Court, alter enquiry has held that the accused is not guilty of the offence since issuance of cheque and signature on the cheque itself is disputed, and also when the complainant was not having any capacity to pay such huge amount of Rs. 3,00,000/- and accordingly, dismissed the complaint.
Now, it is to be ascertained as to whether the accused has issued the cheque with signature or not, which aspect is in dispute. Further, it is also to be ascertained as to why the seal of the Bank was not put on the cheque. Of course, the capacity to make payment by the complainant to the accused is a later aspect to he considered. According to the accused, he has requested the Bank to stop payment. In the circumstances, the impugned order needs re-consideration,
Accordingly, the appeal is allowed. The impugned order is set aside. The matter is remitted to the Trial Court for disposal of the same in accordance with law after affording reasonable opportunity to both the parties. The parties are directed to appear before the Court below on 22.11.2010. Office is directed to send back the records forthwith.