CHANDER MOHAN Vs. WILLIAM ROSARIO

JUDGEMENT

(1.) Heard Shri Bhobe, learned Counsel on behalf of the applicant who was the Complainant in a case filed by him under Section 138 of the Negotiable Instruments Act, 1881.

(2.) The accused was convicted initially by the learned J.M.F.C. by Judgment/Order dated 26.10.2007 but in appeal, the accused came to be acquitted under Section 138 of the Negotiable Instruments Act, 1881, and, against the said acquittal, the Complainant seeks Special Leave to Appeal.

(3.) One of the grounds of acquittal, is that the subject cheque was issued by the accused in payment of a time barred debt which was not enforceable in terms of the explanation to Section 138 of the said Act. There is no dispute that the commission or brokerage fee was due and payable to the Complainant on 30.12.1999 and the subject cheque was issued on 27.08.2005 for part payment of the said fees.