YUGALKISHORE MANIKLAL BHATTAD HUF THROUGH ITS KARTA YUGALKISHORE Vs. SHRIKRISHNA GUPTA PROPRIETOR MAHARASHTRA LIME

JUDGEMENT

(1.) The appeal is directed against the judgment and order dated 6.7.2006 passed by the Judicial Magistrate, FC, Nagpur (Special Court under Section 138 of the Negotiable Instruments Act) in Summary Criminal Case No. 2543 of 2005 whereby the complaint was dismissed.

(2.) Briefly stated the facts are Complaint was filed on 29.11.2005 by the appellant against the respondent/accused complaining of an offence punishable under Section 138 of the Negotiable Instruments Act. The complainant had advanced a sum of Rs. 50,000/ to the accused on account of acquaintance with him. The accused had issued Cheque bearing No. 349135 dated 22.10.2005 drawn on the Nagpur Nagarik Sahakari bank Limited, Itwari Branch, Nagpur for Rs. 50,000/ which was admittedly signed by him. This cheque was presented by complainant to the UCO Bank, Sitabuldi Branch, Nagpur, but was returned back on 22.10.2005 with the remarks "account closed". Legal notice dated 27.10.2005 had been issued to the respondent herein by registered post A/D calling upon the accused to make payment within fifteen days. After the expiry of the statutory period, payment having not been received, complaint under Section 138 of the Negotiable Instruments Act came to be filed.

(3.) I have perused the complaint. It specifically states that the accused had issued the cheque in discharge of his liability towards loan taken by him from the complainant. This cheque had been returned unpaid on 22.10.2005 under a memorandum with the remarks "account closed". The cheque had been admittedly issued from an account which was maintained by the accused; cheque had been returned unpaid for the reason that the account stood closed and it is not the case of respondent that this account was not his account.