MART AND PURUSHOTTAM PARSE Vs. KISHOR G ROTEY

JUDGEMENT

(1.) APPELLANT herein was original complainant. His complaint against the respondent (accused) was for the offence punishable under section 138 of the Negotiable Instruments Act. The trial ended in judgment and order of acquittal of the accused. The appellant questions validity and legality thereof by this appeal.

(2.) THE case of complainant is that complainant had thick friendship with the accused since more than three years prior to the complaint. Accused and his wife Kanchan who intended to purchase plot, had approached complainant as they were in need of cash in September 2003 and complainant had arranged sum of Rs. 1,09,000/- by withdrawing Rs. 1,08,750/- from his savings bank account from Bank of Baroda and his pocket money.

(3.) THE cheque drawn on Bank of Maharashtra issued post dated by the accused was presented on 22-5-2004 in the Bank of Baroda, South Ambazari Road Branch, Laxmi Nagar, Nagpur. However, cheque was returned dishonoured on 9-6-2004 with remark "stop payment". Thus, accused having failed to repay, Demand Notice by RPAD was sent on 12-6-2004 and on 19-6-2004. The accused managed to have those registered demand notices returned and deemed to have been served with notice which were sent by RPAD as also under postal certificate on correct address of the accused. The accused having failed to repay the amount despite demand made by notice returned with postal remarks<IMG>np_289_mhlj (CRI)4_2009.jpg</IMG> The notice sent under postal certificate on correct address was deemed to have been served on and received by the accused. The complaint was filed on 23-7-2004. After verification on 2-8-2004, the process was issued on 9-8-2004.