STANDARD BUILDERS Vs. DINAKAR ULLAL

JUDGEMENT

(1.) HEARD the learned counsel for the petitioner. The petitioner No.1 and petitioner No.2 were the accused before the Trial Court. Petitioner No.1 is a Partnership Firm and Petitioner No.2 is the Managing Partner. The respondent herein was the complainant.

(2.) IT was the case of the complainant that, on 21.05.2001, the accused No.2 representing accused No.1, the firm, had availed a hand loan of Rs.3 Lakh from the complainant at Mangalore and in re-payment of the said loan and in discharge of the debt, accused No.2 acting on behalf of accused No.1 had delivered to the complainant a post dated cheque dated 01.06.2001 drawn on the Indian Bank, Turuvottiur, Mangalore in favour of the complainant. It was the complainant's case that, on presentation of the said cheque, the same was returned dis-honoured for want of sufficient funds. Thereafter, the complainant had re-represented the same and since it was dis-honoured over again, a legal notice was issued to demand payment under the said cheque. Inspite of service of notice, the accused had not complied and therefore, the complaint.

(3.) IN support of the defence, accused No.2 cross- examined himself as DW-1. One T.R.Shanmugham, an Engineer was examined as DW-2 and one Nagalingam, Superintendent of The National Highway Division of Ramanathapuram, was examined as DW-3 and documents Exs.D1 to D5 were marked.