- (1.) This is an appeal filed by the original complainant which is a Co-operative Credit Society, challenging the judgment and order dated 24.11.2008, passed by the learned J.M.F.C., Ponda, by which, the complaint came to be dismissed on the preliminary point that the person who had filed the complaint was not authorised to do so by the complainant. As a result of the dismissal of the said complaint, the respondent No. 1-accused was acquitted of the offence punishable under Section 138 of the Negotiable Instruments Act, 1881.
(2.) The parties would be referred to as per their status in the Trial Court.
(3.) The appellant is the original complainant, which is a Co-operative Credit Society. The respondent No. 1 had obtained a loan of Rs. 4,00,000/- from the complainant. The respondent No. 1 committed default in repayment of the said loan amount. Towards the repayment of the said loan amount, the accused had issued a cheque bearing No. 076918, dated 72.1.2006 for Rs. 48,400/- drawn on the Goa Urban Co-operative Bank Ltd., Panaji Branch. The said cheque was dishonoured on 1.2.2006 on the ground of insufficient funds.- The complainant issued a notice to the accused on 7.2.2006, calling upon him to pay the cheque amount within 15 days. The said notice was received by the accused on 11.2.2006. The accused did not pay the amount of Rs. 48,400/- as called upon by the complainant resulting in the complainant filing the complaint under Section 138 of the Negotiable Instruments Act, 1881 (for short, the said Act).;