ARMSTRONG BUILDERS AND DEVLOPMENT Vs. VISHVANATH NAIK

JUDGEMENT

(1.) This is a complainant's appeal against the acquittal of the accused under section 138 of the Negotiable Instruments Act, 1881 (Act, for short).

(2.) The case of the complainant was that he was the Proprietor of Armstrong builders and Developers and that on 22-1-2004 the accused had taken a cash loan from the complainant for a period of three months and in part discharge of the said liability the accused had issued a cheque bearing No. 112888 dated 22-4-2004 drawn on the Bicholim Urban Coop. Bank Limited for a sum of rupees One Lakh and when the cheque was presented for payment, the same was returned dishonoured with remark dated 2-7-2004 that the funds were insufficient. The complainant sent the notice dated 6-7-2004, which according to the complainant, the accused received on 7-7-2004 but failed to comply with the same within a period of fifteen days and therefore the complainant prosecuted the accused by filing the complaint on 20-8-2004.

(3.) In support of the complaint, the complainant examined himself and produced the necessary documents including the cheque, the memorandum of dishonour, copy of the registered notice along with the A. D.