DELHI CLOTH STORE Vs. AHUJA TRADERS

JUDGEMENT

(1.) THIS appeal had been filed by the complainant against acquittal of the accused-respondent for offence under Section 138 of the Negotiable instruments Act (for short the 'act' ).

(2.) LEAVE to appeal had been granted in this case.

(3.) THE facts of the case are that appellant-complainant had filed a complaint for offence under Section 138 of the Act since a cheque dated 12. 11. 1996 issued by the accused for an amount of (sic) was dishonoured. 3. A notice dated 15. 11. 1996 had been issued under Section 138 of the Act. The cheque was again presented which was again dishonoured and then notice dated 3. 12. 1996 was issued. The complaint was filed on 23. 12. 1996. However, it was dismissed vide judgment dated 8. 11. 2001 by the Court of Sub-Divisional Judicial Magistrate, Rajpura holding that complaint on the presentation of the cheque second time and notice issued on that basis, was not maintainable.