A.I.S. Cheema, J. - (1.) Appellant Original Complainant has filed this Appeal against dismissal of his Complainant filed under Section 138 of Negotiable Instruments Act, 1881 ( N.I. Act in brief) and the acquittal of Respondent No. 1 Accused.
(2.) The case of the Complainant as can be seen from the Complainant filed in the trial Court is as under:- A) Between Complainant and the Accused there was a transaction regarding sale of Tempo MH20A5761. There was an agreement whereby the Accused agreed to purchase the vehicle for Rs. 1,65,000/( Rupees One Lakh Sixty Five Thousand) from Complainant. On the same day on 15th January, 1999 Accused paid cash of Rs. 35,000/( Rupees Thirty Five Thousand) and for the balance amount issued following cheques: JUDGEMENT_237_LAWS(BOM)6_2016.html (B) Complainant claimed that on 20th January, 1999 Accused came and gave cash of Rs.30,000/( Rupees Thirty Thousand) to the Complainant and Complainant returned the cheque dated 25th January, 1999. Before Complainant put the cheques of February 1999 in the bank, Complainant requested the Accused that his mother has expired and cheques may be deposited in the month of March. Accordingly, Complainant deposited the remaining two cheques in his bank, Aurangabad District Central Cooperative Bank, branch at T.V. Center, Aurangabad, (hereafter referred as Bank of Complainant at Aurangabad) on 7th March 1999. As the cheques issued by the Accused were from his bank Aurangabad Jalna Gramin Bank, branch Ambhai, Tq. Sillod, (hereafter referred as Bank of Accused) the cheques came to be sent to that branch. The branch at Ambhai dishonoured the cheques and issued memo dated 31st March 1999. The cheques along with memo dated 31st March 1999 came to the bank of the Complainant at Aurangabad on 22nd April 1999 and were received by the Complainant. As the cheques were dishonoured, on 22nd April 1999 itself Complainant sent notice by Registered Post. Notice was also sent Under Certificate of Posting. The acknowledgement of receipt of the Registered Post Notice came back to the Complainant on 8th May 1999 which showed that the Accused has received the notice. The Accused did not pay within fifteen days of the receipt of the notice, thus the Complaint was filed.
(3.) In the trial Court Complainant filed his affidavit of evidence and was cross-examined. The concerned documents were exhibited. The trial Court considered the evidence which was brought on record and acquitted the Accused, mainly on the ground that notice was not issued within fifteen days of the dishonour of the cheques and thus the notice was not legal and proper.;