ROBINSON D'COSTA Vs. NESBIT D'COSTA

JUDGEMENT

(1.) HEARD rival arguments at length on this criminal appeal preferred by the original complainant challenging the judgment and order dated

(2.) /11/2010 passed in Criminal Case No.200/OA/NI/08/E. By the said impugned judgment and order the present respondent no.1 was acquitted of the offence punishable under Section 138 of Negotiable Instruments Act, 1881. Being aggrieved by the said acquittal appellant/original complainant initially prayed for leave to file appeal and after the leave was granted preferred the present appeal. 2. At the threshold, it must be mentioned that the only ground on which the criminal complaint was dismissed, acquitting the respondent/accused was that the debt of Rs.6.00 lakhs was not legally enforceable at the time of issuance of the cheque.

(3.) AS mentioned earlier, the trial Court continued on the basis that the dishonoured cheque is of the date 10/07/2008 and, as such, it is beyond period of limitation of 3 years from accrual of the cause of action of repayment of the loan amount of Rs.6.00 lakhs. The trial Court dismissed the complaint on the premise that there was no legally enforceable debt or liability on the respondent no.1/accused inasmuch as the dishonoured cheque was given beyond the period of 3 years from accrual of the apparent cause of action for repayment of loan.