MATOSHRI CASHEW NUTS Vs. MOHAMMAD ABDUL KADAR

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order of the acquittal of the respondent / accused of the offence punishable under Section 138 of the N.I. Act, 1881 in OA case No. 625/2007/F by order passed by J.M.F.C. Mapusa, at Mapusa, Goa on 29.01.2009.

(2.) Dishonour of the cheque bearing No. 648356 dated 10.10.2007 drawn on South Indian Bank Ltd. Margao Branch for a sum of Rs. 41,000/- by the respondent / accused in favour of the appellant/ complainant M/s. Matoshri Cashew nuts on account of insufficiency of the funds, and subsequent failure of the respondent/ accused to make good the payment of the cheque amount within stipulated period of time in response to the notice of demand dated 22.10.2007 addressed on behalf of the appellant/ complainant resulted in lodging of the complaint - aforesaid case under Section 138 of N.I. Act, 1881 in the Court of J.M.F.C., Mapusa. The complaint indicated that the said cheque was issued towards the part payment of the price of the cashew nuts worth Rs. 93,640/- purchased by the respondent/ accused from the appellant/ complainant.

(3.) The learned Trial Court acquitted the respondent/ accused on the ground that the appellant / complainant failed to prove that the cheque was issued towards legally enforceable debt. Controversy in the present appeal is also focused on the validity of the finding of the Trial Court on this point.