ANTONY Vs. HUSSAIN

JUDGEMENT

(1.) This appeal by the complainant is against the acquittal of the accused for the offence under sec. 138 of the Negotiable Instruments Act.

(2.) As per the complaint, the accused borrowed Rs.75,000.00 from the complainant during December 2003, and subsequently when the complainant demanded back the amount, the accused issued a cheque dtd. 10/5/2004 for Rs.75,000.00 to the complainant. When the complainant presented the cheque for collection, the same was dishonoured as per memo dated 24-05- 2004 on two grounds. (i) insufficient funds (ii) alteration in date require drawer confirmation.

(3.) Thereafter, the complainant issued statutory notice and in spite of notice, the accused failed to pay the cheque amount to the complainant.