RAGHUNATH PRASAD Vs. VINAYAK YADAORAO MADHAMSHETTIWAR

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 13-8-1999 passed by the learned Judicial Magistrate, First Class, Gadchiroli, in Summary Criminal Case No. 1585 of 1999, where under criminal complaint filed by the appellant against the respondent for the offence under section 138 of the Negotiable Instruments Act, was dismissed and consequently the respondent was acquitted of the said offence.

(2.) The facts of the case, in short, as disclosed in the complaint, are that the appellant (original complainant) was dealing in the business of hardware. The respondent (original accused) had purchased Nylon rope worth Rs. 27,360/- from the appellant on credit and admittedly issued a cheque bearing No. 240247 dated 3-8-1995 drawn on Allahabad Bank, Chandrapur Branch, in discharge of the said liability. The appellant deposited the above said cheque with his bank namely the Bank of Maharashtra, Gadchiroli Branch, for realization/collection of the amount on or about 6-10-1995, within the period of its validity. But, the said cheque was dishonoured, as was intimated to him by his bankers on or about 17-10-1995, on account of "insufficiency of funds" in the respondent's account.

(3.) The appellant further contended in the complaint that within the period of 15 days from the date of intimation from the Bank, he issued a registered notice through his Advocate on or about 26-10-1995, demanding the entire amount to be paid to the appellant within 15 days as contemplated under section 138 of the Negotiable Instruments Act. In spite of receipt of the said notice, the respondent did not pay the amount as demanded and hence the appellant filed the aforesaid complaint on or about 15-11-1995.