STANLEY BARROS PEREIRA Vs. JULIETA COTA E CLEMENTE

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 complainant prosecuted the accused with the allegation that the complainant had supplied to the accused various items of furniture and towards part payment of the amount due, the accused had issued a cheque dated 1031998 in the sum of Rs.1.5 lakhs drawn on Goa State Cooperative Bank Ltd., Borda, Margao and when the said cheque was presented by the complainant at Corporation Bank, Utorda, Goa, the same was returned with endorsement dated 2081998 "that the account is closed" and thereafter the accused issued a legal notice dated 2581998 requiring the accused to pay the said amount within 15 days which the accused failed to comply and as such the complainant presented the said complaint on 1791998.

(3.) THE learned J.M.F.C. in acquitting the accused observed that the subject cheque had become invalid and it could not have been presented once again for payment as the account of the accused was already closed and the complainant was already intimated about the same. The learned J.M.F.C. further observed that as the requirement of the proviso (a) of Section 138 was not complied with, it had to be held that the notice of demand was issued beyond the stipulated period and consequently the complaint was also lodged beyond the period of limitation.