NARENDRA KENDUDEKAR Vs. SEBASTIAO P PIRES

JUDGEMENT

(1.) THIS is a complainant's appeal and is directed against the judgment dated 31. 5. 08 of the learned Additional Sessions judge, Margao, by which the accused has been acquitted under section 138 of the negotiable Instruments Act, 1881.

(2.) THE case of the complainant, in brief, is that the accused had borrowed a sum of rs. 55. 500/- from the complainant and had issued to the complainant five cheques, the details of which are as follows:- <FRM>JUDGEMENT_307_BCR(CRI)3_2009Html1.htm</FRM>

(3.) AS per the complainant the said cheques were deposited by the complainant on 8. 7. 05 only to be returned dishonoured with a remark that the funds were insufficient. The complainant, therefore, issued a notice to the accused dated 14,7. 05 and as the accused did not comply with the same, the complaint was filed. The complainant examined himself in support of his complaint.