G. D. Narang vs Ramesh Kothari - 2025 Supreme(MP) 415

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(MP) 415

ACHAL KUMAR PALIWAL
G. D. Narang – Appellant
Versus
Ramesh Kothari – Respondent

Advocates appeared:
Ajay Kumar Mishra assisted by Ms. Namrata Purohit for appellant; Makboor Khan for respondent.

ORDER

1. This appeal has been filed under section 378(4) of Code of Criminal Procedure against the judgment dated 22.1.2002 passed by JMFC, Bhopal in RT No. 968/2001, whereby respondent/accused has been acquitted of an offence under section 138 of N.I. Act.

2. Complainant’s case in brief is that complainant is owner and landlord of duplex house No. HX-1 HIG E-7 extension, Sahpura, Bhopal. Accused is his tenant in aforesaid building. Accused issued a cheque to complainant for payment of rent but the same got dis-honored on account of insufficient fund. Thereafter, complainant filed a complaint under section 138 of N.I. Act. against the accused.

3. Learned senior counsel for the appellant submits that appellant is landlord and respondent/accused is his tenant. Ex. P/1’s cheque was issued for payment of arrears of rent. There is no dispute with respect to the handwriting, signature etc. of Ex. P/1’s cheque. Appellant received Ex. P/2’s information on 13.10.1993 and Ex. P/3’s information on 14.10.1993, Ex. P/4’s demand notice was issued to respondent/accused on 20.10.1993. As per section 138 (b) of N.I. Act, notice is required to be issued within 15 days from date of receipt of informat