P V SRINIVASA SHETTY Vs. SUNIL TRANSPORT COMPANY

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order of acquittal dated 30. 7. 2005 passed by the learned Civil Judge (Junior division) and JMFC, Harihar, in CC. No. 799/2004 acquitting the respondent for the offence punishable under Section 138 of the Negotiable instruments Act.

(2.) HEARD the arguments of the learned Counsel appearing on both sides and perused the documents.

(3.) THE short point that arises for my consideration and decision is whether the appellant-complanant presented the cheque for encashment within six months from the date which is written on the cheque? If so, whether the order of acquittal passed by the trial Court is perverse, incorrect or illegal?