SIM ENTERPRISES, REPRESENTED BY ITS PROPRIETOR, SHAIK IBRAHIM MOHAMMED HUSSAIN Vs. SHAIKH ABDUL RASHID CHOUDHARY

JUDGEMENT

(1.) This is an appeal, by the complainant, against acquittal of the respondent no. 1, from an offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (Act, for short).

(2.) The appellant was in service of Central Bank of India and has since retired. The respondent no. 1 is said to be a relative of the appellant. The appellant is running a business of hardware, under the name and style as "M/s Sim Enterprises", which is a proprietorship concern. According to the appellant, the respondent no. 1 was in the business of trading iron ore.

(3.) It was the material case that on account of their close relationship, the appellant had advanced to the respondent no. 1, an amount of Rs.6, 00, 000/- as a hand loan, out of which Rs.1, 50, 000/- was given by way of a Demand Draft and the remaining amount of Rs.4, 50, 000/- was paid in cash. The appellant claims that the entire amount was out of the retiral dues received by the appellant. Admittedly, there is no document which evidences that the appellant had given Rs.4, 50, 000/- to the respondent no. 1. It was contended that towards re-payment of the hand loan, the respondent no. 1, issued a cheque dated 19.05.2008, drawn on his account with Syndicate Bank, Sanquelim Branch, which got dishonoured on presentation. The appellant issued a statutory notice on 30.05.2008, which was neither replied nor complied with by the respondent no. 1. This led the appellant to file a complaint under Section 138 of the Act. The appellant examined himself and produced the subject cheque along with the cheque return memo and the copy of the legal notice and the A/D card.