LAWS(BOM)-2016-6-237

SUDAM S/O. SAMPATRAO AUTI AGE 43 YEARS, OCCU:BUSINESS, R/ON12, D51/ 5, HUDCO, T.V. CENTER, AURANGABAD Vs. RUPCHAND S/O. BUDHUSINGH DHAGE, AGE 40 YEARS, OCCU. BUSINESS, R/OAT POST RAILGAON, TQSILLOD, DIST AURANGABAD

Decided On June 16, 2016
Sudam S/O. Sampatrao Auti Age 43 Years, Occu:Business, R/On12, D51/ 5, Hudco, T.V. Center, Aurangabad Appellant
V/S
Rupchand S/O. Budhusingh Dhage, Age 40 Years, Occu. Business, R/Oat Post Railgaon, Tqsillod, Dist Aurangabad Respondents

JUDGEMENT

(1.) Appellant Original Complainant has filed this Appeal against dismissal of his Complainant filed under Sec. 138 of Negotiable Instruments Act, 1881 ( N.I. Act in brief) and the acquittal of Respondent No. 1 Accused.

(2.) The case of the Complainant as can be seen from the Complainant filed in the trial Court is as under:-

(3.) In the trial Court Complainant filed his affidavit of evidence and was cross-examined. The concerned documents were exhibited. The trial Court considered the evidence which was brought on record and acquitted the Accused, mainly on the ground that notice was not issued within fifteen days of the dishonour of the cheques and thus the notice was not legal and proper.