T. SUBHASH CHANDRA Vs. H. A. VIJAYA KUMAR

JUDGEMENT

(1.) Though, this matter is listed for admission, as respondent Nos.(a) to (e) have remained unrepresented, heard learned counsel for petitioner on the merits of the case.

(2.) The petitioner has been facing prosecution before the trial Court for the alleged offence punishable under Section 138 of The Negotiable Instruments Act, 1881 (for short 'N.I. Act').

(3.) The case of the respondent/original complainant is that towards repayment of the amount received, the petitioner gave a cheque for Rs.2,50,000/- drawn on Vijaya Bank, Besagaranahalli Branch, Maddur Taluk, bearing No.792136 dated 05.01.2006. The said cheque when presented by the respondent for encashment on 06.01.2006 through his banker viz., Indian Bank, Bhadravathi, the same was dishonoured for the reason 'payment stopped by drawer'. Thereafter, inspite of complainant's repeated requests and demands, the petitioner/accused having failed to repay the amount covered under the cheque, complainant is said to have issued a legal notice dated 28.01.2006 through registered post and under postal certificate. The notice sent under RPAD was returned to the sender, whereas, the notice sent under certificate of posting has been duly delivered. Thus, the complainant sought prosecution of the petitioner/accused for the alleged offence.