MERCANTILE FINANCE HOUSE PRIVATE LIMITED Vs. MAC ENTERPRISES
LAWS(BOM)-2006-10-186
HIGH COURT OF BOMBAY
Decided on October 04,2006

MERCANTILE FINANCE HOUSE PRIVATE LIMITED Appellant
VERSUS
MAC ENTERPRISES Respondents


Referred Judgements :-

PREM CHAND VIJAY KUMAR V. YASPAL SINGHAND ANOTHER [REFERRED TO]
SADANANDAN BHADRAN VS. MADHAVAN SUNILKUMAR [REFERRED TO]
RICHARD SAMSON SHERRAT VS. STATE OF ANDHRA PRADESH [REFERRED TO]
SEKHAR GUPTA V. SUBHAS CHANDRA MONDAL [REFERRED TO]
SATISHKUMAR S O PREMCHAND JAIN VS. KRISHNAGOPAL S O MOHANLAL SARDA [REFERRED TO]


JUDGEMENT

- (1.)THE applicant herein is the complainant in CC. No. 12/0A/1997/D and is seeking special leave to appeal against the acquittal of the accused under Section 138 of the Negotiable Instruments Act, 1881 (Act, for short).
(2.)HEARD the learned Counsel Mr. A.R. Kantak on behalf of the complainant and Mr. A. Monteiro, the learned Counsel on behalf of the accused.
There is no dispute as to the facts. Four cheques issued by the accused to the "complainant bounced. The details of the said cheques are as follows:

No Date Amount 061724 01.08.1996 Rs. 66,667.00 061725 01.09.1996 Rs. 66,667.00 061726 01.10.1996 Rs. 66,667.00 061729 16.10.1996 Rs. 25,00,000.00

(3.)THE complaint was filed on the allegation that the complainant had served on the accused a notice of demand dated 24.12.1996. However, the accused in the cross-examination of the complainant was able to obtain an admission from the complainant to the effect that prior to the said demand notice dated 24.12.1996, demand notices in respect of all the four cheques were issued by the complainant to the accused dated 1.10.1996 in respect of the first three cheques and 23.10.1996 in respect of the fourth cheque.


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