SHAMSUNDER R. PALYEKAR Vs. JAGANNATH PANDURANG CHARI

JUDGEMENT

(1.) The appellant before this Court is the original complainant and he has challenged judgment and order dtd. 12/1/2015, passed by the Court of Additional Sessions Judge, North Goa, Panaji (hereinafter referred to as the Sessions Court), whereby Appeal filed by respondent no. 1 was allowed and the conviction and sentence imposed by the Court of Magistrate on the respondent no. 1 under the provisions of the Negotiable Instruments Act, 1881, was quashed and set aside.

(2.) The appellant filed complaint dtd. 15/10/2011, before the Court of Magistrate under Sec. 138 of the aforesaid Act, claiming that three cheques issued by the respondent no. 1 for total amount of 6 lakhs were dishonoured and that, therefore, the respondent no. 1 was liable to be punished for the offence under Sec. 138 of the aforesaid Act. It was stated in the complaint that the since the complainant was a friend of the respondent no. 1, he had faith and trust and as such, he advanced certain amounts on various dates, totaling 6 lakhs to the respondent no. 1. In order to repay the said amounts, which were said to have been advanced in the year 2009, the respondent no. 1 allegedly gave three cheques for amounts of 3,50,000/-, 50,000/- and 2,00,000/- in favour of the appellant, but, on deposit of the said cheques, they were dishonoured. Despite notice issued to the respondent no. 1, he failed to make good the said amounts and therefore, the appellant was constrained to file the said complaint. It was stated that the respondent no. 1 did not give any reply to the notice issued by the appellant.

(3.) Upon summons having being issued to the respondent no. 1, he appeared before the Magistrate. The appellant filed his affidavit in evidence and relied upon various documents, including the subject cheques, the memorandum issued by the Bank stating that the cheques were dishonoured due to insufficiency of funds and the notice issued to the respondent no. 1.