J U D G M E N T

This appeal is preferred against the order of acquittal in C.C.539/03 of the Judicial First Class Magistrate-Ranny. The brief facts are as follows. It is the case of the complainant that the accused had borrowed a sum of Rs.1,50,000/- and towards the discharge of the liability had issued a cheque which when presented for encashment returned with the endorsement of insufficiency of funds. A statutory notice was issued which has been returned as unclaimed and thereafter proceedings has been initiated.

2. On the other hand, the accused had not admitted the transaction and further he would submit that he had not received any notice. The trial court on a consideration of the materials acquitted the accused and it is against that decision the complainant has come up in appeal.

3. The learned counsel for the appellant argues before me that the Court below was wrong in arriving at the decision that the notice was not proper. According to him the accused had two addresses, one, a residential address and the other the place of business. Notice was issued to the place of business which was intimated to him and he did not claim the notice and therefore it returned as unclaimed. Ac