ESMA TRACTORS Vs. SAT KAMAL PATHAK

JUDGEMENT

(1.) This appeal is filed against the order of acquittal in CC No.1678 of 2003 dtd. 3/8/2007 passed by the XI Additional Chief Metropolitan Magistrate at Secunderabad.

(2.) The case of the complainant/appellant is that the appellant firm is a proprietary concern, selling tractors. The respondent/accused approached the appellant and took supply of tractors on credit basis. Towards repayment of the due, out of the sale transactions, the respondent issued Ex.P2 cheque bearing No.280702 and when the same was presented for clearance, it was returned for the reason of 'exceeds arrangements'.

(3.) After examination of the witnesses produced by the appellant, the learned Magistrate found the respondent not guilty for the following reasons; i) telegram notice will not satisfy the requirement of statutory notice under Sec. 138 of the Negotiable Instruments Act and it should be followed by a letter of confirmation; ii) The telegram notice was sent on 11/7/2003, but the confirmation was sent on 8/8/2003 after a lapse of 28 days, which is beyond 15 days from the date of return of the cheque; iii) If the confirmation is notice taken into consideration, it is beyond the statutory period of sending notice; iv) When there is no proper and valid service of notice, there cannot be any valid cause of action.