NISHITH M P VERLEKAR Vs. ASHPAQUE MARFANI

JUDGEMENT

(1.) This is complainant's appeal and is directed against judgment dated 13.3.08, acquitting the accused under Section 138 of the Negotiable Instruments Act, 1881.

(2.) The case of the complainant is that the complainant and the accused are businessmen and the accused in discharge of his liability had issued to the complainant cheque No. 45700 dated 7.6.06 for Rs. 50,000/- drawn on Bicholim Urban Co.operative Bank Ltd., and when the said cheque was deposited by the complainant in his Bank, the same was returned on 22.6.06 with a remark that the funds were insufficient.

(3.) The complainant sent a legal notice dated 23.6.06 calling upon the accused to make the payment within fifteen days. The accused received the same on 24.6.06 but did not make the payment as required. The complainant, therefore, filed the complaint on 14.7.06. The complainant examined himself in support of his case.