JUDGEMENT
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(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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