V KISHORE Vs. S AJAY KUMAR

JUDGEMENT

(1.) This appeal is preferred by the complainant in C.C. No. 169 of 1997, on the file of the Judicial First Class Magistrate, Adilabad. The appellant filed a complaint against the respondent-accused for the offence under Section 138 of the Negotiable Instruments Act, 1881 (for short, "the Act").

(2.) The appellant mentioned in the complaint that the respondent-accused took a hand loan of Rs.1,50,000/- on 4-4-1997 and gave a cheque for discharge of the said amount. He presented the cheque in the bank on 5-4-1997 and it was returned by the bank on 17-4-1997, with an endorsement 'insufficient funds'. Subsequently, the appellant issued a notice to the respondent- accused on 6-5-1997 requiring him to pay the amount covered by the cheque. Therefore, he presented a complaint within the time prescribed under the Act from the date of service of notice. The appellant, in order to prove the offence, examined P.Ws.l to 3 and marked Exs.P.l to P.6. No oral or documentary evidence adduced on behalf of the respondent-accused. The lower Court dismissed the complaint by finding the respondent-accused not guilty of the offence under Section 138 of the Act and acquitted him through the judgment dated 6-11-2000. The appellant being aggrieved by the judgment of the lower Court preferred the present appeal challenging its validity and legality.

(3.) The point for consideration is whether the complaint filed by the appellant is barred by limitation and whether the appellant is entitled to get the matter decided on merits.