KIRAN AGENCIES Vs. SAGARMAL NEVATIA

JUDGEMENT

(1.) BEING aggrieved by the judgment and order dated 30.8.1996 passed by 5th Judicial Magistrate First Class, Akola acquitting the respondents/accused persons for offence punishable under Section 138 read with 141 of Negotiable Instrument Act, the present appeal was filed.

(2.) I have heard the learned counsel for the parties and I find that the only question of law that arises is whether in the mandatory notice under Section 138 of the Negotiable Instrument Act, could the complainant/appellant demand an amount of Rs.93,373/- when admittedly the cheque in question was only for Rs.50,000/-.

(3.) IN view of the above legal position I do not find any merit in this appeal. The same is dismissed.