BATTERY PACE,3 Vs. P.K.SINGH

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 02.11.1999 rendered by Special Chief Judicial Magistrate Lucknow (Customs) in Complaint Case No. 1227/97.

(2.) Relevant facts for disposal of this appeal are as under:-

(3.) The appellant is a sole proprietor firm and Ashwani Kapoor Proprietor being the proprietor of the firm is dealing in the business of Pace Battery. Respondent no. 1 purchased 10 peaces of new pace setter batteries costing Rs. 21,219 and issued a cheque No. 268297 dated 01.8.1996 drawn by the bank of Baroda Hewett Road Branch Lucknow in favur of the appellant. The appellant presented the cheque on 01.08.1996 in its bank that is Indian Overseas Bank, Main Branch Lucknow. On 03.08.1996 he was informed by the bank that the said cheque was received back unpaid with a note for want of sufficient fund. The appellant then contacted the respondent and informed him about non payment of cheque, on which, respondent stated to produce the cheque again after some time and assured that now the cheque will be cleared. The appellant again produced the cheque, but it was again not cleared by the bank then the appellant vide letter dated 29.11.1996 asked the respondent to pay the amount of cheque. After receiving of the said letter. The respondent again stated to appellant that now the cheque will be cleared and requested him to deposit it again. On 29.01.1997, the appellant again despoited the cheque in its Overseas Bank, but again the cheque was received back with the note "Refund to drawer insufficient fund" cheque was received back to the appellant on 31.01.1997. appellant sent a registered notice on 08.02.1997 which was received by respondent on 20.02.1997, but even after expiry of 15 days time no payment was made by the respondent, appellant has no remedy except to file the complaint and he filed the present complaint under Section 138 of the Negotiable Instrument Act (in short "Act"). Learned lower court after recording the evidence of the complainant and statement of respondent accused under section 313 Cr.P.C. and hearing the parties by impugned judgment dated 02.11.1999 acquitted the respondent A.K. Singh on the ground that appellant has given notice to accused on 29.11.1996 and filed the complaint on 18.03.1997 after the limit prescribed under the Negotiable Instrument Act.