DEEPAKRAO YADAVRAO GUDADHE Vs. PRASHANT PREMSING KACHWE

JUDGEMENT

(1.) This appeal is filed challenging judgment and order dated 5th April 2009 passed by the Judicial Magistrate, First Class, Amravati in Summary Criminal Case No. 4426 of 2004 whereby the learned Magistrate has acquitted the respondent of the offence punishable under section 138 of the Negotiable Instruments Act.

(2.) Heard. Admit. Taken up for final hearing forthwith as per order dated 30th August 2010.

(3.) Out of cordial relations, respondent demanded hand loan of Rs. 60,000/-from the appellant which the appellant gave. Though promised, respondent did not repay the amount within three months. Respondent issued post-dated cheque of the date 15-7-2004 drawn on State Bank of India, Rajapeth Branch, Amravati for Rs. 60,000/- in favour of appellant for discharge of liability. Appellant deposited the said cheque with his banker on due date, but it was returned unpaid under memos dated 16-7-2004 and 17-7-2004 on account of the fact that the respondent had closed the account. Appellant sent legal notice dated 29-7-2004 by RPAD as well as under Postal Certificate calling upon the respondent to make payment within fifteen days. Respondent accepted the notice which was sent under postal certificate, but the notice sent by RPAD was returned on 10.8.2004 since the respondent did not claim it. Since the respondent failed to comply with the demand made in the notice, appellant filed complaint under section 138 of the Act before the learned Magistrate on 15-8-2004.