SEETHALAKSHMI Vs. M. GANDHI

JUDGEMENT

(1.) This Criminal Appeal is filed by the complainant as against the Judgment dated 20.06.2008 passed by the learned Judicial Magistrate No.VI, Madurai, acquitting the respondent/accused under sections 138 of the Negotiable Instruments Act and section 142 of Crimial P.C. 1973

(2.) The brief facts leading to this appeal, are as follows:-

(3.) The learned counsel appearing for the appellant would submit that the trial court ought to have appreciated the legal position that the holder of the cheque can either issue statutory demand about dishonour or represent the same any number of times within the period of validity of the cheque held by her. He further submitted that the act of the appellant/ complainant in representing the cheque without issuing statutory notice at the first instance of dishonour is well within her rights. According to him, the trial court erred in acquitting the accused and he played to set aside the judgment of the trial court.