V PURUSHOTHAM Vs. MAHDU M GOWDA

JUDGEMENT

(1.) THE learned trial Judge has acquitted respondent (hereinafter referred as 'accused') of an offence punishable under section 138 of the Negotiable Instruments Act, 1881 (for short, 'the Act'). Therefore, appellant (hereinafter referred as 'complainant') is before this court.

(2.) I have heard Sri M.Nikhilesh Rao, learned counsel for complainant. Sri K.B.K.Swamy, learned counsel for accused submits that he has no instructions from accused.

(3.) THE learned trial Judge has held that complainant has not complied with the provisions of section 138(b) of the Act by issuing statutory notice to demand payment of cheque amount within 15 days from the date of receipt of notice. The learned trial Judge has held that there is no specific averment regarding service of notice. The notice sent to accused at the first instance returned with a postal shara "addressee left". The postal acknowledgement was not returned in respect of second notice sent by complainant to accused. The complainant had made correspondence with postal department. Thereafter, the instant complaint was initiated. The learned trial Judge has held that there is no compliance of statutory notice under section 138(b) of the Act by complainant. Therefore, the learned trial Judge has acquitted accused.