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2006 Supreme(Ker) 318

K.A.ABDUL GAFOOR
Bank of Baroda, Fort Branch – Appellant
Versus
Philip Thomas – Respondent


Judgment :-

The appellant did not succeed in the prosecution launched against the respondent alleging offence punishable under Section 138 of the Negotiable Instruments Act. The respondent/accused was acquitted. Therefore, this appeal. The appellant is a bank offering facility of credit card. The respondent availed that facility. The accused availed the credit facility to the tune of Rs.1,38,598/-. In part repayment there of, he issued Ext.P2 cheque dated 23.6.97 for an amount of Rs.1,27,000/-. This was presented for encashment on 17.10.97. It bounced for want of sufficient amount in the account maintained by him. The appellant represented the cheque again on 3.11.1997. Then also the same story repeated. There upon appellant issued a notice Ext.P4, on 10.11.97. It was duly acknowledged by the accused as is revealed by one amount the documents produced as Ext.P4 series. It was not responded either in the form of reply or repayment. This resulted in the complaint.

2. Answering the point on the maintainability of the complaint on the basis of the evidence deposed through PW1 in negative, as being time barred, reckoning the limitation period from the date of information given to the acc

















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