T.H. AHAMAD Vs. K.S. IBRAHIM

JUDGEMENT

(1.) THE petitioner has challenged his conviction and sentence for the offence punishable under Section 138 of the Negotiable Instruments Act [hereinafter referred to as "the N.I. Act" for short], confirmed in the appeal by the learned Sessions Judge.

(2.) THE facts reveal that towards discharge of his liability, the petitioner issued a cheque dated 26.04.2011 for a sum of Rs. 1,00,000 -00. When it was presented for encashment to the banker, was returned with an endorsement "insufficient funds". The respondent issued a legal notice. There was no reply. Therefore, a complaint came to be filed in the trial Court to initiate action against the petitioner for the offence punishable under Section 138 of the N.I. ACT.

(3.) THE point that arises for my consideration is;