RAJESH JAIN Vs. AJAY SINGH

JUDGEMENT

(1.) Challenging the acquittal of the respondent for the offence of dishonor of cheque, the compla inant came up before this Court by filing the present application for special leave to appeal under Sec. 378(4) CrPC.

(2.) The complaint and the annexures attached reveal a cheque (Ex.CW-1/A) which was drawn in favor of the complainant-applicant Rajesh Jain for Rs.6,95,204.00 dtd. 19/10/2017 was dishonored due to ' insuffi cient funds. The compla inant sent a legal notice dtd. 26/10/2017 (Ex.CW-1/D) to the respondent-accused through his counsel and proved the postal receipt dtd. 28/10/2017 (Ex.CW-1/E). The legal not ice was sent after the statutory period of fifteen days. On non-receipt of money, despite demand notice, the applicant filed a compla int under Sec. 138 (a)(b)(c) of the Negotiable Inst ruments Act, 1881 (NIA) against the respondent-accused.

(3.) It shall be appropriate to extract paragraph 2 of the Legal Notice, which reads as follows : -