GIRISH CHANDRA PANDEY Vs. KANHAIYALAL CHANDAK

JUDGEMENT

(1.) This revisional petition is directed against the appellant judgment of the City Sessions Court, Calcutta, in Criminal Appeal No.50 of 1992 dated 31-5-96 confirming conviction and sentence recorded by the learned Trial Magistrate in Case No. C-309 of 1989.

(2.) One Kanhaiyalal Chandak filed a petition of complaint under Section 138 of the Negotiable Instruments Act. The complainant alleged that accused No.l is a partnership firm of which the accused Nos.2 to 4 were partners.

(3.) It was further alleged that the complainant had lent a sum of Rs.67,950/- on 19-6-89, which carried 18 per cent interest. In order to repay the loan, the petitioners issued a cheque for Rs.67,950/- in favour of the complainant which was drawn on United bank of India. The said cheque was presented for encashment through State Bank of Hyderabad but the same was returned by the Bank with an endorsement "full cover not received''. The complainant thereafter sent a notice by registered post on 23-8-89 to accused No. 1(i.e. Firm) requiring the firm to pay the amount within 15 days from the date of receipt of notice. The said notice was returned by the postal department with an endorsement "always absent in my duty hours" A copy of the notice was also sent under the certificate of posting to other accused persons. In spite of service of notice no payment was made within a fortnight of the notice. Hence the complaint.