V MUNIKRISHNAIAH Vs. C JANAKIRAMA NAIDU

JUDGEMENT

(1.) Alleging that the cheque dt. 15-03-1994 for Rs.50,000/- drawn by the first respondent, in his favour, on Akonam Cooperative Urban Limited, Arkonam, towards part payment of the price payable by him forthe chowke trees sold to the first respondent was returned with an endorsement of 'insufficient funds' and that he (first respondent) ended to receive the statutory notice sent to him under Section 138 of the Negotiable Instruments Act, 1881 (the Act), after knowing the contents therein and failed to pay the amount converted by the dishonored cheque, appellant filed a private complaint under Section 138 of the Act against the first respondent and examined himself as P.W.1 and marked Exs.P-1 to P-9 on his behalf. First respondent who denied the offence did not examine any witness on his behalf.

(2.) Negativing the contention of the first respondent that there is no proper service of the statutory notice on him, on the basis that appellant failed to establish that the dishonoured cheque was issued towards part payment of a legally enforceable debt, the learned Magistrate, acquitted the first respondent. Hence, this appeal by the complainant.

(3.) Though the case is being listed for hearing, neither the learned counsel for the appellant nor the learned counsel for the first respondent is present. Since an appeal admitted for hearing cannot be dismissed for default, and has to be disposed of on merits as held in Shyam Deo v. State of Bihar and Khaili v. State of U.P.,1 am considering the appeal on merits.