TARGET TOURS AND TRAVELS Vs. NATIONAL DEVLOPMENTAL STORES

JUDGEMENT

(1.) THE appellant has challenged the judgment and order of the acquittal of the respondents for the charge under Section 138 of Negotiable Instruments Act (herein after called as 'the Act') on a trial held by the Additional Chief Metropolitan Magistrate, Bangalore City.

(2.) THE facts relevant for the purpose of this appeal are as under: i will be referring to the parties as per the rank before the trial Court for the purpose of convenience. The appellant is the complainant and he filed the complaint under section 200 Cr. P. C. against the respondents herein who are accused Nos. 1 and 2 before the trial Court and it is alleged that the complainant is a travel agent operating his business in the name and style M/s. Target tours and travels and in the usual course of business had issued tickets to accused No. l represented by its proprietor - accused No. 2 in all amounting to Rs. 1,28,300/ -. Towards discharge of this amount the accused No. l had issued two cheques bearing No. 0724673 dated 22. 3. 1997 for Rs. 28,500/-and cheque No. 0715218, dated 2. 4. 1997 for Rs. 1,00,000/- drawn on State bank of Bikaner and Jaipur at Bangalore duly signed by accused No. 2 representing accused No. 1 as its proprietor. The appellant presented both the cheques through his bankers M/s. Vysya Bank, Bangalore upon instructions from the second accused and the said cheques were returned with an endorsement of insufficient funds as per the bankers memo dated 16. 8. 1997. The fact of dishonour of cheques was intimated to the complainant by the bankers on 19. 8. 1997. Thereafter, the complainant got the notice issued through his Counsel to both the accused on 19. 8. 1997 by registered post. The said notice addressed to the accused was sent by registered post on 21. 8. 1997 and it was served on the second accused. In the circumstances, it is the grievance of the complainant that the accused have failed to pay the amount of the cheques issued by them, despite the notice as required under the Act and that the accused have sent a reply which is untenable. In the circumstances, the complainant approached the trial Court requesting to take the action against the accused for the offence punishable under Section 138 of the Act. In pursuance of the summons issued the accused appeared before the trial Court and on recording the plea the complainant examined T. Vijay as PW. 1 and in his evidence the documents Exs. P. l to P. 13 were admitted. The statement of the accused were recorded under Section 313 of Cr. P. C. The accused have taken the defence of total denial and have not lead any evidence in defence. The trial Court on appreciation of the material on record and after hearing the Counsel, acquitted the accused. Aggrieved by the acquittal the complainant has approached this Court in appeal.

(3.) I have heard the learned Counsels for the appellant and the respondents.