BUDHAMAL UTTAMCHAND ODHEKAR Vs. SHAIKH SHAUKAT SULEMANBHAI SAUDAGAR

JUDGEMENT

(1.) HEARD Mr. Bandivadekar, Advocate for the Appellant and Mr. Mirza A.P.P., for the State. This appeal is filed by the original complainant against the Order of acquittal of the accused -Respondent No. 1 (who is served but absent) by JMFC, IIIrd Court, Nasik by Judgment dated 20.5.1995 for offences under Section 138 of the Negotiable Instruments Act.

(2.) MR . Bandivadekar contended that the learned Trial Court acquitted the accused only on one ground that the cheque was presented by the complainant -appellant after six months and therefore according to the Trial Court, the complaint was time barred. He also contended that the entire evidence of the complainant was on record but since the Magistrate decided the complaint only on the point of limitation, there was nothing to argue regarding appreciation of evidence.

(3.) IT appears from the record that it was the defence of the accused that the cheque was issued in 1982. However, in view of the Supreme Court judgment the date of the cheque has to be taken as the date which was put on the cheque by the parties i.e. 8.2.1993 and the period of six months has to be calculated from that date.