LAXMIKANT GANESHLAL JAISWAL Vs. VIJAY GANESHLAL JAISWAL

JUDGEMENT

(1.) The appellant, who is the original complainant in Summary Criminal

(2.) Heard Shri S. Ramaswamy, the learned Counsel for the appellant, Shri M.M. Agnihotri, the learned Counsel for the respondent accused and Shri N.B. Jawade, the learned Additional Public Prosecutor for the respondent 2/State.

(3.) The gist of the complaint under Sec. 138 of the Act is that the complainant and the accused are brothers, accused holds a CLIII licence (Country Liquor Shop) at Gadchandur, Tahsil Korpana, District Chandrapur and occupies a residential house of the complainant since Jan., 1990 as tenant. The tenancy agreement is oral. The accused agreed to pay rent of Rs. 4000.00 per month excluding electricity charges and property tax. The accused assured that as and when the rent amount is demanded, the same shall be paid in lump sum. The complainant demanded rent in the month of Nov., 2003 and the accused issued cheque 419731 dated 18.11.2003 for Rs. 3,60,000.00 drawn on State Bank of India, Bramhapuri. The said cheque was dishonoured, the complainant issued statutory notice dated 05.12.2003 to the accused which was sent on the Nagpur and Gadchandur address of the accused. The accused avoided to receive the statutory notices and since he did not pay the amount of Rs. 3,60,000.00 covered by the cheque, the complaint is instituted.