SHAIKH AKBAR TALAB Vs. A G PUSHPAKARAN

JUDGEMENT

(1.) Special leave to appeal is granted.

(2.) By consent taken up for final hearing. Admit.

(3.) The applicant herein had filed a complaint under Section 138 of the Negotiable Instruments Act against respondent no.1. They are friends. The applicant is a businessman dealing in the business of construction. Respondent no.1 had purchased cement and other hardware material from the applicant on credit. Respondent no.1 had, therefore, issued a cheque bearing no.915267 of Rs. 1,00,000/- dated 20.12.2014 drawn on Punjab and Sind Bank, Acqyaruys Apartment, Swami Vivekanand Marg, Panaji Goa. On presentation of the said cheque, it was returned back by remarks "no such account". Since the cheque was dishonoured, notice was issued on 29.1.2015, which was duly received by respondent no.1 on 30.1.2015.