MERCANTILE FINANCE HOUSE PRIVATE LIMITED Vs. MAC ENTERPRISES

JUDGEMENT

(1.) THE applicant herein is the complainant in CC. No. 12/0A/1997/D and is seeking special leave to appeal against the acquittal of the accused under Section 138 of the Negotiable Instruments Act, 1881 (Act, for short).

(2.) HEARD the learned Counsel Mr. A.R. Kantak on behalf of the complainant and Mr. A. Monteiro, the learned Counsel on behalf of the accused.

(3.) THE complaint was filed on the allegation that the complainant had served on the accused a notice of demand dated 24.12.1996. However, the accused in the cross-examination of the complainant was able to obtain an admission from the complainant to the effect that prior to the said demand notice dated 24.12.1996, demand notices in respect of all the four cheques were issued by the complainant to the accused dated 1.10.1996 in respect of the first three cheques and 23.10.1996 in respect of the fourth cheque.