M IBRAHIM Vs. GURUDAS H BORKAR

JUDGEMENT

(1.) The appellant/ complainant has preferred this appeal against the order of acquittal of the respondent /accused passed by the Chief Judicial Magistrate, Margao in Criminal Case No.213/OA/NI/2005/A under Section 138 of N.I. Act,1881 on 16.01.2008.

(2.) The complaint under Section 138 of the N.I. Act,1881 (hereinafter referred to as the Act) was lodged by the complainant on the allegation that four cheques bearing Nos.787540, 787541, 787542 and 787543 all dated 18.12.2004 for the amount of Rs.90,000/- each issued and drawn by the respondent / accused on Vijaya Bank Margao, Goa as a security towards the repayment of the amount of Rs.3,60,000/- borrowed by his nephew Mr. Vishnath Bakal, resident of Dongri, Neura were returned dishonoured and the respondent/ accused failed and neglected to pay the amount/s due under the said cheques despite the demand made therefor vide notice dated 6.1.2005.

(3.) To substantiate the substance of accusation made against the respondent/ accused pursuant to the said complaint, the appellant / complainant examined himself and Senior Branch Manager of Vijaya Bank PW2 - Vishwanath Rai; and further adduced in evidence the said cheques undertaking dated 18.12.2003, memorandum dated 18.12.2004 of Vijaya Bank returning the unpaid/ dishonoured cheques with remark 'referred to drawer', copy of notice dated 6.1.2004, registered post acknowledgment and reply dated 14.1.2005 of the respondent/ accused given to the said notice.