- (1.) This revisional application is arising out of an order of acquittal passed by the Additional Sessions Judge, Port Blair in
(2.) CRA No.001 of 2010. On 24.3.2004 the petitioner filed a petition of complaint for offence under section 138 of the Negotiable Instruments Act, 1881 against the accused/opposite party before the Chief Judicial Magistrate, Port Blair stating that the complainant as a power of attorney holder sold land to the accused/opposite party and the accused/opposite party had issued a cheque being cheque No.282850 dated 28.8.2003 on 28.8.2003 for an amount of Rs.2 lakhs as part consideration in favour of the petitioner drawn on Allahabad Bank. The said cheque on presentation was dishonoured due to insufficient fund. On being informed of such dishonour the petitioner was requested by the accused/opposite party to present the cheque in the month of February, 2004, which, however, on presentation was again dishonoured on 25.2.2004. The petitioner served a notice under section 138 of the N.I. Act. The accused/opposite party received the notice on 4.3.2004 but did not repay the said amount. On a complaint being filed, the learned Magistrate was pleased to take cognizance and issued process against the accused/opposite party for offence under section 138 N.I. Act.
(3.) The prosecution examined four witnesses including the petitioner and exhibit the cheque marked as Ext.1, return memo of the Bank as Ext.2, the lawyer's notice, courier service etc. as Ext.3 series.;