AFAJAL S/O YASIN PATHAN Vs. ABRAR AHEMAD

JUDGEMENT

(1.) BY this application, the applicant seeks to challenge the judgment of the Judicial Magistrate, First Class, Gangapur, dated 4.11.2006, in S.C.C.No.964 of 2004, acquitting the respondent accused for offence punishable under section 138 of the Negotiable Instruments Act.

(2.) THE predominant ground on which the trial Court had acquitted the respondent-accused was that the notice which had been issued by the complainant had not been served on the respondent accused as the postal authorities had returned back the notice on account of insufficient address. Despite the notice not being served, the complainant proceeded and went to trial. Trial Court found that as the address on which the notice was issued was insufficient and therefore, the notice could not be served the presumption of proper service of notice could not be drawn.