GIRDHARI LAL RATHI Vs. P T V RAMANUJACHARI

JUDGEMENT

(1.) This is an appeal against the acquittal of the first respondent of the charge levelled against him under Section 138 of Nagotiable Instruments Act.

(2.) The case of the appellant-complainant in brief is that he deals in manufacture of General Mercandise and had business dealings with the first respondent who owed a sum of Rs. 5,45,000/- as per the settlement of account dt. 31st March; 1990. The first respondent, in discharge of his liability to pay the said amount, issued a cheque for Rs. 5,45,000/- drawn on Canara Bank, Sultan Bazar, Hyderabad. The appellant presented the cheque with his banker which sent for realisation to the bank of the first respondent but it was dishonoured, and therefore the appellant issued a registered notice which was served on the first respondent on 26-6-1990. But, the first respondent/accused did not make the payment and therefore he is liable to be convicted under section 138 of the Negotiable Instruments Act.

(3.) Charge under Section 138 of the Negotiable Instruments Act was framed and explained to the first respondent-accused who denied the guilt. He examined himself in defence.