JOHN FERNANDES Vs. DILIP TUKARAM DESSAI

JUDGEMENT

(1.) THESE are appeals filed by the complainant against the acquittal of the accused under Section 138 of the Negotiable Instruments Act, 1881 ('Act', for short).

(2.) BOTH the appeals arise from two cases which pertain to dishonour of two cheques in the sum of Rs. 7 lacs each, both dated 12/10/2007, drawn on State Bank of India, Sanvordem. Both the cheques when presented for payment were returned with remark, "funds insufficient" as there was no balance in the account of the accused. The complainant addressed a legal notice dated 1/11/2007, regarding which there is also no dispute, calling upon the accused, to pay the amount due under the said notice within a period of 15 days, which notice the accused received on 20/11/2007. The complaints were filed prematurely on 5/12/2007 and, therefore, came to be dismissed by the learned JMFC, by orders dated 27/08/2008 and 29/09/2008.

(3.) /12/2007, that being the last date given to the accused to comply with the requirements of the notice. 5.Shri S.S. Kakodkar has also placed reliance on the decision of this Court in the case of Tajuddin M. Somji Vs. M/s. Jivrai Raoji Gandhi & Jivraj Raoji & Anr. 2008 (4) AIR Bom R 608), wherein this Court has observed in para 5(A) that Section 138 of the Act stipulates;