SURESH SHETYE Vs. PRASAD KHALIDAS DIVKAR

JUDGEMENT

(1.) 1. This appeal is filed against the acquittal of the accused under section 138 of the Negotiable Instruments Act, 1881, (The act, for short) by Judgment/order dated 12th november, 2003 of the learned J. M. F. C. , mapusa.

(2.) THE case of the complainant, briefly stated, is that the accused approached him for a friendly loan of Rs. 75,000/- which the complainant gave to the accused and the accused in turn gave to the complainant two cheques dated 31-3-99 for Rs. 50,000/- and dated 30-4-99 for Rs. 25,000/-, which cheques the complainant deposited in Goa Urban Co-operative bank, Mapusa, but they were returned with the endorsement 'account Closed' dated 29-7-99. The complainant then sent a legal notice dated 5-8-99 demanding the payment of the said Rs. 75,000/- within 15 days which notice was returned to the complainant with the endorsement 'unclaimed returned to sender' on 19-8-1990. Thereafter the complainant filed the complaint.

(3.) THE complainant examined himself and, inter alia, produced the said two cheques, memorandum for the return of the said two cheques, postal receipt, notice dated 5-8-99, etc. The accused also produced through the complainant a note written by the complainant to the accused on an envelope (Exh. CW1/a1 ).