RAMCHAND BANARASI DAS Vs. BHANWAR LAL

JUDGEMENT

(1.) HEARD learned counsel for the appellant and perused the order of acquittal dated 12. 12. 2003 passed by Additional Chief judicial Magistrate, Sri Ganganagar.

(2.) THE Trial Court acquitted the accused respondent of the offence under Sec. 138 of the Negotiable Instruments Act, 1881 (for short 'the act') on the ground that cheque exhibit-p/2 and p/3 were dishonoured and returned unpaid by the Bank vide return memo Exhibits-p/4 dated 20th August, 1996 which was received by the appellant on 20th August, 1996. A notice Exhibit P/5 was sent by the appellant trough his counsel on 17. 9. 1996 much after the expiry of period of 15 days as envisaged in proviso (b) to Sec. 138 of the Act making a demand for the payment of the said cheques amount of money.

(3.) I have carefully gone through the record of the case.