MADHUSUDAN Vs. SUSANNA ALIAS SUGHMA SAMUAL

JUDGEMENT

(1.) With the consent of both the parties, matter was taken for final disposal.

(2.) In this case, a complaint filed under section 138 of the Negotiable Instruments Act has been dismissed against the respondent Susana who was arrayed as respondent no. 1 since she issued the cheques in this case which were dishonoured. Her father -in -law was arrayed as respondent no. 2 against whom no cognizance was taken by the trial Judge. That order has not been challenged by the petitioner even in this petition.

(3.) Notice sent by the petitioner to the first respondent was returned unserved whereas notice by the petitioner was served on the second respondent. Liability towards the two cheques were not discharged by the respondent. Thus, application under section 138 of the Negotiable Instruments Act was filed. The learned trial Court has not taken cognizance against the second respondent, but as regard the first respondent, complaint has been dismissed primarily holding that the petitioner failed to prove consideration for issuance of that cheques.