SHRINIWAS RAMDAS SIWERWAT Vs. SHANTARAM PANDURANG DEOTALE

JUDGEMENT

(1.) The Appeal questions validity and legality of the judgment and order dated 18/08/2008 passed by the learned Chief judicial Magistrate, Chandrapur in Summary Case no. 914 of 2006 whereby the respondent/accused was acquitted of the offence punishable under Section 138 of the Negotiable Instruments Act.

(2.) The Appellant (original complainant ) had filed a complaint in respect of dishonor of the Cheque bearing no. 320343 for Rs.50,000/-, Cheque no.320346 for Rs 1,15,000/-, Cheque no 320347 for Rs. 1,85,000/- drawn upon the Yavatmal Urban Co-operative Bank Ltd., Bhadravati Branch. Thus, cheques in total sum of Rs 3,50,000/- were issued by the accused.

(3.) The Cheques were presented in the state bank of India, Bhadravati branch of the Appellant for collection, but they were returned dishonored with return memo dated 28/12/2005 with the remark 'payment stopped by the drawer . Demand notice was issued on 02/01/2006, but the respondent failed to pay the demanded sum despite receipt of the notice on 13/01/2006. Thus, the complaint was filed under Section 138 of the Negotiable Instruments Act.