AGOSTINHO LOBO Vs. STATE OF GOA

JUDGEMENT

(1.) THIS is Complainant's appeal against the acquittal of the accused under Section 138 of the Negotiable Instruments Act, 1881, (Act, for short ).

(2.) THE parties hereto shall be referred to in the names as they appear in the cause title of the complaint.

(3.) THE case of the Complainant, in brief, was that the accused towards the amount due and payable to the Complainant towards commercial transaction, had issued a cheque dated 20. 02. 2002 for Rs. 10,500/ and when the said cheque was presented for payment on 08. 07. 2002, the same was dishonoured with endorsement that the funds were insufficient, which the Complainant came to know on 11. 07. 2002. The Complainant served statutory notice dated 24. 07. 2002, calling upon the accused to pay the amount due within a period of 15 days. There is no dispute that the accused did reply the said notice, though the Complainant did not produce the copy of the reply sent by the accused.