AMBUR STEEL TRADERS Vs. ENGINEER C NOORULLA

JUDGEMENT

(1.) This is an appeal against acquittal filed by Mis. Ambur Steel Traders represented by its partner AHM. Abdul Khader against the acquittal of C, Norrulla. Building Contractor at No. 12C. Nazer Street for an offence under Section 138 of the Negotiable Instruments Act (hereinafter referred to as the Act) by the Judicial Magistrate. Ambur in STC. No. 381 of 1994.

(2.) As far as the facts are concerned, there is no dispute between the parties and hence I am constrained to briefly narrate the case of the prosecution.

(3.) The learned Judicial Magistrate, Ambur after hearing both sides had acquitted the accused on two grounds. The first ground being that the cheque had been dishonoured on account of the advice of Stop Payment given by the accused to the bankers; and The second reason is that as contemplated under the Act, notice has not been duly served on the accused.