H RAJAGOPAL Vs. D C MEHTA AND ANOTHER

JUDGEMENT

(1.) Aggrieved by the Judgment dt. 13-4-1998 passed in C.C.No.205 of 1997 on the file of the VI Metropolitan Magistrate for Railways, Visakhapatnam acquitting the sole accused respondent for the offence punishable under Section 138 of the Negotiable Instruments Act (for short 'the Act'), the unsuccessful complainant filed the present appeal.

(2.) The brief facts of the case are that the appellant was doing transport business and also a social worker and he knows the accused in connection with hisbusiness. The appellant has lent asum of Rs. 5,17,700/- to the accused and in discharge of the said loan; the respondent issued a cheque for Rs. 5,16,700/- dt. 25-8-1992 drawn on Andhra Bank, Pittapuram colony branch. The appellant presented the said cheque for encashment in the Bank of India on 7-9-1992 in which he was having an account and his banker sent the cheque to the Andhra Bank, but the same was returned with an endorsement "funds insufficient" and thereupon the appellant got issued a legal notice dt. 11-9-1992 demanding the respondent to pay the cheque amount within 15 days from the date of receipt of the notice and after receiving the notice, the accused sent a reply dt. 16-9-1992 stating that he did not issue the cheue for the said amount of Rs. 5,16,700/- Hence, the accused is liable for the offence punishable under Section 138 of the Negotiable Instruments Act.

(3.) To prove the guilt of the respondent, the appellant himself was examined as P.W.1 and examined P.Ws.2 and 3 and got marked Exs.P-1 to P-23. Exs.D-1 to D-15 were marked on behalf of the respondent.