BABAN ABA LOHAR Vs. MANOHAR APPA LOHAR

JUDGEMENT

(1.) THIS is an Application for leave to appeal is filed against the order passed by the JMFC, Atpadi dated 29.2.2008.

(2.) THE Applicant, i.e. Original Complainant has filed the complaint against the accused under Section 138 of Negotiable Instruments Act as the cheque dated 15.8.2007 of Rs.75,000/- was dishonored as the funds were insufficient. The learned Trial Judge, JMFC has acquitted the accused only on the sole ground that notice was not served on the accused.

(3.) THE rationale behind the proper service as contemplated under section 138 of NI Act to give time of 15 days for the repayment of the amount mentioned in the cheque is to give breathing time to enable the honest borrower to repay the amount so that further prosecution can be avoided and the matter can be settled at the threshold. The learned Trial judge has rightly discussed the issue of deemed service.