GANESH GOPAL MAHAJUAN Vs. DHANRAJ PANDHARINATH SAPKALE

JUDGEMENT

(1.) Heard. Rule, made returnable forthwith. Parties are referred with their original status as complainant and accused. In an Appeal against conviction for offence under Section 138 of Negotiable Instruments Act, the appellate Court allowed the appeal.

(2.) On 14th February, 2013, matter was argued extensively. However, Mr. Bhokarikar felt, considering the scope and nature of Appellate order and the relief which was sought from this Court, to convert the Criminal Revision Application into Criminal Writ petition. Accordingly, he was permitted to do so.

(3.) Learned Sessions Judge found that on 22nd November, 2002, there was intimation of dishonour of cheque to the complainant. The transaction being prior to 6th February, 2003 (prior to amendment in Negotiable Instruments Act), the complainant was expected to serve statutory notice within 15 days. By calculation, it should have been upto 7th December, 2002, however, notice was dispatched on 9th December, 2002. This is more so indicated on the postal receipt produced in evidence. Learned Sessions, on these factual aspects, held that the notice was beyond the period of limitation and allowed the Appeal.