BERNARD GRACIAS Vs. TRINIDADE D SILVA

JUDGEMENT

(1.) This is complainant's appeal and is directed against judgment dated 6-5-2006 of the learned JMFC, Canacona, by which the accused has been acquitted under section 138 of the Negotiable Instruments Act, 1881.

(2.) The dispute between the parties is regarding the dishonour of cheque No. 411255 dated 20-11-2003 for Rs. 1,75,000/- given by the accused.

(3.) The case of the complainant, in brief, is that the complainant had advanced a sum of Rs. 1,85,000/- to the accused, namely, a sum of Rs. 1,00,000 by cash and Rs. 85,000/- by cheque and when the complainant demanded the said sum from the accused, the accused paid an amount of Rs. 10,000/- and gave the subject cheque for the balance amount which was deposited by him with his bankers namely Syndicate Bank at Canacona only to be informed on the same date that the drawer had stopped payment. The complainant therefore addressed a notice dated 21-11-2003 by registered post demanding the said amount of Rs. 1,75,000/- with interest at the rate of 18% per annum within 15 days. However, the said notice was returned to the complainant with postal endorsement 'intimated, addressee unclaimed, return to sender'. In support of the complaint, the complainant examined himself and Sudakar Shanbagh/PW2 besides producing the documents.