Chander Mohan Mehta s/o. late Shri. B. S. Mehta VS William Rosario Fernandes s/o. late Inacio Fernandes

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

N.A.BRITTO
Chander Mohan Mehta s/o. late Shri. B. S. Mehta – Appellant
Versus
William Rosario Fernandes s/o. late Inacio Fernandes – Respondent

Advocates appeared:
Mr. A. D. BHOBE, Advocate for the Applicant.

JUDGMENT:-

Heard Shri. Bhobe, learned Counsel on behalf of the applicant who was he Complainant in a case filed by him under section 138 of the Negotiable Instruments Act. 1881.

2. The accused was convicted initially by the learned J.M.F.C. by Judgment!

Order dated 26.10.2007 but in appeal, the accused came to be acquitted under Section 138 of the Negotiable Instruments Act, 1881, and, against the said acquittal the Complainant seeks Special Leave to Appeal.

3. One of the grounds of acquittal, is that the subject cheque was issued by the accused in payment of a time barred debt which was not enforceable in terms of the explanation to Section 138 of the said Act. There is no dispute that the commission or brokerage fee was due and payable to the Complainant on 30.12.1999 and the subject cheque was issued on 27.08.2005 for part payment of the said fees.

4. The learned Addl. Sessions Judge by relying on the case of N. Ethirajulu Naidu Vs. K. R. Chinnikrishnan Chcttiar (AIR 1975 Madras 333) and decisions of this Court in the case of Narcndra V. Kanekar Vs. Bardez Taluka Co-op Housing Mortgage (2006(6) Bom.C.R. 874: [2006(3) ALL MR 673] and Jagadamba Parishar Sahakari Pat Sanstha Maryadit Vs

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N.A.BRITTOChander Mohan Mehta s/o. late Shri. B. S. Mehta – AppellantVersusWilliam Rosario Fernandes s/o. late Inacio Fernandes – Respondent

N.A.BRITTO
Chander Mohan Mehta s/o. late Shri. B. S. Mehta – Appellant
Versus
William Rosario Fernandes s/o. late Inacio Fernandes – Respondent