JOHN FERNANDES Vs. NOORJAHAN KHAN

JUDGEMENT

(1.) This a complainant's appeal and is directed against Judgment dated 27.8.08 of the Learned J.M.F.C., Margao, acquitting the accused under Section 138 of the Negotiable Instruments Act, 1881.

(2.) The complaint was filed for dishonour of two cheques, details of which are as follows:

(3.) The first cheque was drawn on ICICI bank and the 2nd was drawn on bank of India. There is no dispute that both the cheques were presented by the complainant for encashment but were returned with endorsement that the funds were insufficient. The case of the complainant is that the said cheques were given by the accused to defraud him and without any intention to pay the amount due of Rs. 11,95,200/- knowing fully well that the said cheques were bound to bounce for lack of sufficient funds. The complainant sent separate legal notices, both dated 14.2.2007 in respect of the said two cheques demanding payment. The accused received the said notices and sent a reply.