2002 (7) TMI 828

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....leging offence under Section 138 of N.I.Act against the first respondent herein. 2. The complainant alleged that on receipt of a sum of Rs. 85,000/- from his as loan, the first respondent issued Ext. P1 cheque on 3.9.1996; that the cheque, on presentation, was dishonoured for want of funds vide Exts. P2 and P3; that he sent Ext. P4 notice intimating the dishonour and demanding payment....

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.... the N.I.Act? 2). Reliefs? 6. Point No. 1:- A perusal of the impugned order shows that the reasons for the rejection of the complainant's case are the following:- (i). In the complaint he failed to divulge the date on which the amount was lent to the accused; the purpose of loan and the date of advancement of the amounts. (ii). According to PW1, the accused demand....

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....e in whole, or in part, any debt or other legal liability. A perusal of the complaint shows that in paragraph 1, it was specifically alleged that the cheque was issued by the accused for a sum of Rs. 85,000/- on 3.9.1996 towards the debt arising from borrowal of Rs. 85,000/- from the complainant. In his evidence when the specific date was asked for he stated that according to his memory the loan t....

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.... issuance of cheque. 9. The complainant has produced before court the required documents to show that the cheque was dishonoured for want of funds; that notice thereof was issued within the time allowed by law and that the notice sent to the accused was returned unserved with the endorsement "unclaimed". It is clear from the decision in Bhaskaran v. Balan (1999(3) KLT 440) that the endorsement ....