RAJU Vs. JAIPRAKASH

JUDGEMENT

(1.) THIS appeal is filed challenging the acquittal of the accused in proceedings filed for prosecuting the respondent for an offence punishable under Section 138 of Negotiable Instruments Act.

(2.) ACCORDING to the complainant -appellant when the accused persons approached the complainant for advancement of loan, a sum of Rs. 5,50,000 was advanced and in repayment of the said amount a cheque dated 5.12.1997 for Rs. 5,50,000 was drawn on Syndicate Bank, Seshadripuram Branch in favour of the complainant towards the discharge of the whole debt. As the said cheque was dishonoured for insufficient funds as per the bank endorsement after issuing mandatory notice dated 25.3.1998 the complainant launched the prosecution when the accused failed to pay the amount under the cheque.

(3.) THE complainant marked 6 documents apart from leading oral evidence. The learned Judge ultimately held that the entire transactions seems to be of a civil nature, therefore, it shall not dispose of the matter on merits as the parties have to resolve their disputes in Civil Court as already a suit was pending between the parties. Incidentally it also held that the complaint did not wait till the expiry of 15th day to launch the prosecution against the accused after service of mandatory notice as contemplated under Section 138 of the Negotiable Instruments Act. However the learned Judge did not believe the defence raised by the accused with reference to Ex. D3 and other documents.