PRABHAKAR Vs. NIVRUTI

JUDGEMENT

(1.) This appeal is preferred against the judgment and order dated 2nd September, 2005 passed in Criminal Complaint No. 484/2004, by the Judicial Magistrate, First Class, Karanja, thereby acquitting the respondent of the offence punishable under Section 138 of the Negotiable Instruments Act, 1881.

(2.) Brief facts of the case are as under:

(3.) When the cheque was deposited in the account of appellant maintained with the Urban Cooperative Bank Limited, Bhandara, the cheque was dishonoured for want of sufficient funds in the account of respondent on which the cheque was drawn. The cheque was returned for the said reason by the bank on 14.5.2004. Therefore, on 2.6.2004 the appellant sent a notice through registered post to the respondent demanding from him the sum of Rs. 80,000/-. The notice could not be served and was returned with an endorsement "Not Claimed", following which the appellant instituted the complaint before the Judicial Magistrate, First Class, Karanja against the respondent under Section 138 of the N.I. Act.