ANU TRIPATHI Vs. ANIL KUMAR GUPTA & ANR

JUDGEMENT

(1.) Heard Mr. Thalmann Pereira for the appellant and Mr. C. Coutinho for the respondent nos. 1 and 2.

(2.) The appellant appeals against acquittal granted by the Appeal Court to respondent nos. 1 and 2 for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (N.I. Act).

(3.) The appellant-complainant, filed a complaint dated 25.11.2009 before the learned Magistrate, which came to be registered as Criminal Case No. 146/OA/NI/2009/D, alleging that the cheque dated 20.09.2009 in an amount of Rs.1 lakh drawn on the UTI Bank Limited, Margao branch, issued by the respondent nos. 1 and 2, was dishonoured with the remark "Account Closed". Despite of the receipt of necessary standing instructions, since, no payment was effected within the prescribed period, the appellant alleged that the respondent nos. 1 and 2 have committed an offence under Section 138 of the N.I. Act.