ANKUSH KAWLEKAR Vs. MOHAMAD ISMAIL

JUDGEMENT

(1.) THIS is Complainant's appeal and is filed against the acquittal of the Accused under Section 138 of the Negotiable Instruments Act, 1881 by Order dated 12-2-2007 of the learned Assistant Sessions Judge, Panaji.

(2.) BRIEFLY stated, the case of the Complainant is that the Accused issued a cheque dated 18-10-2004 drawn on Bank of Maharashtra, Porvorim Branch, for an amount of Rs.25,000/- for discharge of his liability but when the said cheque was sent for payment the same was dishonoured for insufficient funds. A legal notice dated 19-3-2005 was sent to the Accused but the same was not complied with.

(3.) HOWEVER, the learned Assistant Sessions Judge relying on Section 18 of the Act and its interpretation in the case of Jammu and Kashmir Bank Ltd. v. Qazi Taj Din (AIR 1954 J and K 56) has come to the conclusion that the cheque issued was in the sum of Rs.25/- only, as the amount written in words would prevail over the amount written in figures and that has been the stand of the Accused, as well. Learned Counsel on behalf of the Complainant has submitted that the accused cheated the Complainant by issuing the cheque in the manner he did, but, I must hasten to add that the Complainant did not prosecute the Accused for cheating, assuming giving such a cheque would amount to cheating. The Complainant ought to have known that the cheque issued was only for Rs.25/- and in fact ought to have returned it to the Accused to correct the mistake, if any. The learned Assistant Sessions Judge further held that the Complainant had failed to prove, or in other words, that there was no evidence on record to come to the conclusion that the cheque was dishonoured because there was no amount of Rs.25/- in the account of the Complainant.