ASHWINI SATISH BHAT Vs. JEEVAN DIVAKAR

JUDGEMENT

(1.) THE appellant had filed a complaint under section 138 of the Negotiable Instruments Act, 1881 (hereinafter called the said Act ). On this ground and also on account of the doubt raised as to whether the cheque in question was written by the respondent, though the signatures were not denied, the Magistrate gave benefit of doubt and acquitted the respondent. This acquittal is challenged in this appeal.

(2.) LEARNED advocate Shri Kholkar, appearing on behalf of the appellant, took me through the record including the Agreement dated 13th June, 1991 under which the respondent had agreed to pay a sum of Rs. 1,53,724/- to the appellant within a period of one year. He then pointed out that the dishonoured cheque in question, which was issued by the respondent on 19th July, 1996, amounts to acknowledgment of debt and, as such, the findings of the Magistrate that the debt was not legally recoverable are erroneous. He also urged before me that the expiry of period of limitation merely bars remedy but not the right and, as such, the impugned order of acquittal cannot be sustained.

(3.) ON the other hand, learned advocate Shri C. A. Ferreira, appearing for the respondent, submitted before me that the dishonoured cheque in question was not in respect of a legally enforceable debt and in view of Explanation to section 138 of the said Act, the Magistrate has rightly acquitted the respondent on the said count as well as on the ground that there was doubt as to whether the amount mentioned in the said cheque was in the handwriting of the respondent as the defence of the respondent is that he had handed over to the appellant a blank cheque. In support of his submission that the dishonoured cheque in question is not in connection with any legally enforceable debt, reliance was placed by him in (Girdhari Lal Rathi v. P. T. V. Ramanujachari and another), reported in 1998 Bank J. 127 : 2000 Doch. (A. P.) 420. He, therefore, submits that there is no case for interference with the acquittal.