A SREEKANTAN NAIR Vs. P VALSARAJAN

JUDGEMENT

(1.) THIS Criminal Appeal has been directed against the judgment in STR. No:1006 of 1998 before the Subordinate Judge -cum- Sub Divisional Judicial Magistrate, Mahe, dated 23. 4. 1999, by which the the accused has been acquitted.

(2.) THE brief facts of the case are as follows:-The appellant who is the complainant, filed a complaint against the accused for alleged offences under Sections 138 and 142 of the Negotiable Instruments Act. According to the complainant, on 31. 3. 1997 the accused borrowed a sum of Rs. 80,000/= for which he issued a cheque dated 10. 4. 1997 drawn on Canara Bank, Thellicherry and entrusted the same to the complainant. When the complainant presented the cheque for collection it bounced and therefore the complainant instituted STR 916/97 against the accused for alleged offences under Section 138 of the Negotiable Instruments Act. The dispute was settled between the parties and at the time of settlement the accused paid a sum of Rs. 30,000/= tot he complainant and for the balance sum of RS. 50,000/= he issued the impugned cheque witch is subject matter of this case on 3. 4. 1998. Though the cheque was issued on 3. 4. 1998, which is the date on which STR 916 of 1997 was compromised, the cheque was dated 3. 9. 1998. On 8. 10. 1998 when the cheque was presented to the Bank for collection it got bounced. Hence the present complaint was filed by the complainant against the accused.

(3.) THE complainant was examined as P. W. 1. The Manager of the Collection Bank was examined as P. W. 2 and the Manager of the drawer Bank was examined as P. W. 3. The accused contended that he has already discharged his liability and there is no enforceable debt payable by him to the complainant. On behalf of the accused no witness was examined and no document was marked. The learned Subordinate Judge -cum- Sub Divisional Judicial Magistrate, Mahe, dismissed the complaint on the sole ground that the cheque was issued on 3. 4. 1998, but was sent for collection Six months thereafter and therefore on the date, on which the cheque was sent for collection, it is an invalid cheque since Six months have already elapsed.