WEST ASIA MARITIME LTD Vs. ELNET LTD

JUDGEMENT

(1.) (Prayer: Criminal Appeal filed under Section 378(4) Cr.P.C. against acquittal made in C.C.No.5032/97 on the file of the XIV Metropolitan Magistrate, Egmore, Chennai 8 by an order dated 10.8.1999.)Aggrieved by the order of acquittal recorded by the learned 14th Metropolitan Magistrate, Egmore, Chennai in C.C.No.5032 of 1997, the present Criminal Appeal is preferred by the complainant.

(2.) THE appellant herein filed the complaint before the trial court under section 138 of Negotiable Instruments Act alleging that in discharge of the dues payable by the first accused, the first accused issued a cheque bearing No.991231 dated 29.1.1997 for a sum of Rs.25 Lakhs. THE said cheque was deposited by the complainant for collection on 28.5.1997. As the same was returned dishonoured with an endorsement "insufficient funds" on 28.5.1997, the complainant issued a statutory notice dated 29.5.1997 alleging that there was no payment made within 15 days from the date of receipt of notice. THE complainant invoking the provisions under section 138 of Negotiable Instruments Act launched prosecution as against all the accused.

(3.) THE learned counsel appearing for the complainant would submit that there was no earlier notice as contended by the accused. THE alleged earlier notice issued by the complainant to the accused was not established. It is his further contention that the cheque number and the specific amount covered under the subject cheque were not specifically referred to in the alleged notice Ex.D.2 issued by the complainant to the accused. It is his further submission that even if such an earlier notice was issued by the complainant to the accused, there is only one prosecution and there is no successive prosecution. THErefore, he would submit that the trial court has misdirected itself to come to a wrong decision that the complainant is not entitled to prosecute the accused.