BHARATHY Vs. BENIGOPAL JHAWAR

JUDGEMENT

(1.) Petitioner is accused Xo.3 in private complaint No. 55/2008 (C.C.No. 920/2008) pending on the file of JMFC II Raichur.

(2.) Respondent filed a private complaint under Section 200 of Cr.P.C. alleging that accused No.1 - the company, accusedNo.2 - the Managing Director, accused No.3 (petitioner) - the Finance Manager have committed an offence punishable under Section 138 of Negotiable Instruments Act.

(3.) The case of the complainant is that, in connection with purchase of 101 bales of full pressed cotton towards part payment, the accused had issued four cheques and two cheques were presented for encashment. Both the cheques returned by the Banker of the accused with an endorsement "PAYMENT STOPPED BY DRAWER". In this regard complainant issued a legal notice calling upon the accused to pay the said amount. However, the accused failed to pay the same. As such, complainant filed the complainant.