LAWS(KAR)-2015-3-319

M. ASHOK Vs. MAHESH

Decided On March 27, 2015
M. Ashok Appellant
V/S
MAHESH Respondents

JUDGEMENT

(1.) The appellant has challenged the judgment and order acquitting the respondent for the charge under Section 138 of NI Act.

(2.) The facts reveal that the appellant is the proprietor of M/s. Sharada Poultry Form and there was business transaction between the appellant and the respondent for eggs on credit basis. A sum of Rs. 5,54,019.50/- was due. On the basis of the part payments made by the respondent, Rs. 4,54,019.50/- was due towards the repayment of the dues. The respondent is said to have issued four cheques for a sum of Rs. 75,000/- each. Two cheques dated 25.08.2008 and other two cheques dated 24.10.2008. The said cheques were presented for encashment and they returned with an endorsement 'insufficient funds'. The appellant issued notice to the respondent and as there was no compliance with the demand made, a complaint came to be registered for the offence under Section 138 of the Act.

(3.) During the pendency of this appeal, an application-I.A. No. 3/2014 has been filed by the appellant under the provisions of Section 391 of Cr.P.C. seeking permission to produce an endorsement said to have been executed by the respondent. Objections statement to the said application has been filed.