TMI Blog2017 (10) TMI 665X X X X Extracts X X X X X X X X Extracts X X X X ..... taking of friendly loan from the complainant by the petitioner for which five cheques were given and which got dishonoured due to insufficiency of founds. On such admitted facts the issue raised by the petitioner with respect to instituting a separate case appears to be hyper technical and a ploy to thwart the complainant from getting the legitimate claim. The complainant has been able to prove his case beyond all reasonable doubts and, therefore, the learned trial court had rightly convicted the petitioner for the offence punishable under Section 138 of the Negotiable Instruments Act which was subsequently affirmed in appeal. There being no reasons to conclude otherwise the judgment of conviction passed by the learned trial court and u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ged that on the due dates the cheques were deposited before the bank but all the cheques got dishonoured which constrained the complainant to send a legal notice on 22.09.2000 which was received but since the amount was not returned, a complaint was filed. After the complaint case was instituted and an enquiry was conducted and subsequent thereto cognizance was taken under Section 138 of the Negotiable Instruments Act and thereafter trial proceeded. In course of trial four witnesses were examined on behalf of the prosecution including the complainant. P.W. - 1, Chandra Shekhar Bhaskar Rao, is the complainant who had deposed that he had given friendly loan of ₹ 1,00,000/- against which five cheques were given by the petitioner wh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the strict sense of the term. Learned counsel thus submits that since the provisions of Negotiable Instruments Act have not been followed, the petitioner deserves acquittal from the criminal prosecution. Learned A.P.P. has opposed the prayer made by the petitioner. After considering the argument advanced by the learned counsel for the petitioner as well as the learned A.P.P. and on going through the lower court records, it appears that the legal notice was sent within the statutory period. The notice intimated to the petitioner about the dishonour of the cheques and his duty to discharge the loan which was taken by him from the complainant. The issuance of cheques by the petitioner in favour of the opposite party no. 2 is an admitted ..... X X X X Extracts X X X X X X X X Extracts X X X X
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