1. Heard learned Advocates for both the sides.

2. Appeal is admitted and is called out for final hearing in the light of order passed by this Court on 27th June, 2008 recording that case would be heard finally for considering remand.

3. Appeal proceeds on admitted facts, namely:-

[a] There is a relationship of creditor and debtor between complainant and accused.

[b] Debt is within limitation.

[c] Cheque was issued by the accused towards repayment of dues.

[d] Cheque has been dishonoured and notice under Section 138 of the Negotiable Instruments Act is served and complaint is filed within limitation.

[e] Notice was not replied by the accused.

[f] Defence and controversy as to whether accused is not a member or nominal member of the complainant was raised for the first time in the cross-examination and then in oral arguments.

[g] The complainant had no opportunity to know the defence so as to prepare to meet it. 4. It is seen from the judgment that all findings, except on the points referred to in Points [f] and [g] of foregoing para no.3, are in favour of the complainant.

5. It is, thus, clear that th