PRABHA SONI Vs. AVINASH SONI

JUDGEMENT

(1.) Appellant has filed this appeal 378 (4) of Cr.P.C for grant of special leave to appeal against the order of acquittal dated 10/08/2006 passed by CJM, Shahdol in criminal complaint case no. 1/03 where respondent is acquitted for the offence punishable u/s 138 of the Negotiable Instruments Act on the ground of limitation and regarding other allegations trial Court had given positive finding in favour of the complainant and found that complainant has proved his case fully.

(2.) It is undisputed that appellant was married with respondent however divorce has taken place between both the parties. A complaint was filed by the appellant/wife alleging that on 15/01/96 respondent/husband had issued a cheque for a sum of Rs. 15,000/-. The cheque was signed by the respondent and was deposited in Shahdol Kshetriya Gramin Bank (hereinafter shall be referred as 'the Bank') and was dishonoured due to insufficient fund in the account. It is important to note that the Bank dishonoured the cheque vide memorandum dated 20/06/96 Ex.P-3 on the ground ofinsufficient fund. However, an endorsement is also made and duly proved by Branch Manager PW-2 Arun Shrivastava that on 1/07/96 intimation of this memorandum was given to complainant. Complainant case is this that the intimation regarding insufficient fund was given to her on 1/07/96 and thereafter on 11/07/96 Ex.P-3 lawyer notice was sent by the complainant to the respondent.

(3.) Respondent took a legal objection that actually Ex.P-2 memorandum of the Bank was given to complainant on 20/06/96 and even then Ex.P-4 notice was given to him on 11/07/96 meaning by it was time barred.