MAHESH MEHTA HUF Vs. STATE OF GOA

JUDGEMENT

(1.) This revision if filed by the accused in C. C. No. 101/n/2000/c against his conviction and sentence imposed upon him under Section 138 of the Negotiable Instruments Act, 1881 (Act, for short) , by judgment / Order dated 18-6-2003 as confirmed by the learned 1st additional Sessions Judge, Margao by his Judgment / Order dated 10-9-2004.

(2.) The case of the Complainant, in brief, is that the Complainant had invested money with the accused and in payment thereof the accused had issued two cheques both dated 30-9-1999, one bearing No. 062165 for Rs. 12,000/- and the other bearing No. 062168 for Rs. 4,00,000/-, both drawn on Global trust Bank Ltd. , Margao but when the Complainant presented the said cheques for encashment through her Bankers the same were dishonoured as the accused did not have sufficient funds in his said account and the said Bank had issued two different memos to the Complainant informing the complainant that the cheques were dishonoured for the following reasons: "refer to drawer"

(3.) The Complainant issued a legal notice dated 10-1-2000 by registered post A. D. and the same was returned undelivered as the accused despite intimation by postal authorities declined and neglected to collect the said letter from the Post Office and, therefore, the accused was deemed to have been served with the notice and, although 15 days had expired, the accused did not pay the amount to the Complainant and thereby the accused had committed the said offence punishable under Section 138 of the act.