ARIF ABDULSALAM MUJAWAR Vs. DAMODAR NARVEKAR

JUDGEMENT

(1.) HEARD the learned Counsel for the appellant and the learned Counsel for the respondent. The appellant was the complainant before the trial court alleging an offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (Hereinafter referred to as the 'NI Act', for brevity). The case of the complainant was that the respondent had purchased old second hand scrap tanks worth Rs. 4,25,000/ - and had paid Rs. 25,000/ - as part payment and promised to pay the balance amount of Rs. 4,00,000/ - within fifteen days and had taken delivery of the goods. However, he had failed to make payment and on continuous demand, he had issued a cheque for Rs. 4,00,000/ - dated 28.3.2009 bearing cheque no. 052083 drawn on Catholic Syrian Bank Limited, Panjim Branch. The same, when presented for collection, was dishonoured for want of sufficient funds and therefore, on receipt of intimation of such dishonour, the appellant had -issued a legal notice dated 13.4.2009 making a demand and when there was non -compliance with the same, the complaint had followed. The respondent had contested the complaint. The appellant had examined himself as a witness and marked documents in support of his case. The respondent did not lead any evidence in support of his defence. The court below had framed the following points for its consideration: -

(2.) WHETHER the complainant is entitled to the relief?