MADHUKAR V DESSAI Vs. SHAIKH ABDUL RIYAZ

JUDGEMENT

(1.) This is a complainant's appeal against the acquittal of the accuaed under section 138 of the Negotiable Instruments Act, 1881 (Act, for short) vide Order dated 14-11-2005 of the learned J. M. F. C. , Canacoma.

(2.) The case of the complainant was that the accused had received from the complainant a sum of Rs. 70,000/- as a friendly loan on a condition that the accused would pay it by a post dated cheque in favour of the complainant and in respect of the said repayment, the accused issued cheque bearing no. 1082731 dated 25-7-2004 for it sum of rs. 70,000/- drawn on Bank of India, Margao, in favour of the complainant but when the complainant presented the said cheque for collection on 30-7-2004 with his Bankers, namely Goa State Co-operative Bank Limited, margao, the said cheque was returned dishonoured vide Memorandum dated 30-7-2004 with endorsement that the funds were insufficient, whereupon the complainant addressed a registered notice dated 21-2-2004 to the accused through his advocate demanding the said amount of Rs. 70,000/- with interest at the rate of 18% per year within 15 days from the receipt of the notice and the accused replied the said notice vide reply dated 21-9-2004 stating that the accused had repaid the borrowed sum of money but the complainant had not returned the cheque to the accused. Since the accused failed to pay the amount to the complainant as demanded on or before 10-9-2004, the accused filed the complaint.

(3.) The complainant examined himself in support of his case and produced the subject cheque, the cheque return memo, the copy of the notice along with A. D. Card and the reply sent by the accused.