V S SHIVADAS Vs. RAMANATH SHETTY

JUDGEMENT

(1.) THE appellant-complainant prosecuted the accused for an offence u /s. 138 of the Negotiable Instruments Act.

(2.) IT is the case of the complainant that towards repayment of legal liabilities arising out of the business transaction, the cheque Ex. P. 1 for Rs. 30,000/- is issued. Upon presentation the cheque is dishonoured. Ex. P. 2 is the endorsement regarding the dishonour issued by the bank dated 17-8-1998. The legal notice is issued on 24-8-1998. The said notice is received on 2-9-1998 by the accused and has given reply as per Ex. P. 8. The complaint is presented on 14-9-1998.

(3.) THE trial Court after recording evidence, dismissed the complaint and acquitted the accused on the ground that it is a case of premature presentation of the complaint. The complaint is presented before the completion of the statutory waiting period and that there is no cause of action as on the date of complaint u/s. 138 of the N. I. Act.