PRAVEEN OTARMAL Vs. ABHIROOP ASSOCIATES

JUDGEMENT

(1.) The Court of 11th Jt. Judicial Magistrate First Class, Pune acquitted the respondent for the offence punishable under Sec. 138 of Negotiable Instruments Act vide judgment dtd. 23/3/2006 in Case No.298 of 2003. The complaint was not filed in time and hence respondent was acquitted. It is the complainant who has preferred this Appeal. The parties will be referred in their original status.

(2.) The complainant sent first notice on 31/3/2006 to two accused. Accused No.1 is a firm and accused No.2 is partner. It was sent by R.P.A.D. Acknowledgment was not received. Hence complainant posted the notice dtd. 31/3/2006 again to accused No.1 and accused No.2 on 16/4/2006 and on 21/4/2006 respectively. As there was failure to pay by both the accused, the complaint was filed on 5/6/2003. The complaint was filed by considering cause of action arisen on the basis of notice posted on second occasion. Trial Court observed that there was delay of four days in filing the complaint (page 7). Trial Court calculated the period from the notice posted on 31/3/2003 by R.P.A.D. On this background, I have heard Mr. Mandar Limaye, learned Advocate for Appellant, Mr. Suryakant B. Chaudhari, learned Advocate for the Respondent Nos. 1 and 2 and Mr. H. J. Dedhia, learned APP for the State - Respondent No.3.

(3.) So questions which crop up is as follows :-