KALAISELVI Vs. B G PATIL

JUDGEMENT

(1.) Petitioner has called in question the order in P. C. R. No. 24121/2005 passed by 12th A. C. M. M, dated 26-10- 2005 confirmed by Fast Track Court-IX, Bangalore, in Crl. R. P. No. 628/2005 dated 29-3-2007.

(2.) Petitioner is the complainant. He filed a private complaint under Section 200 of Cr. P. C. for an offence punishable under Section 138 of the Negotiable Instruments Act, (hereinafter referred to as the 'Act') inter alia alleging that, the respondent herein had borrowed Rs. 1.00.000/- promising that, he would pay the same within a period of 10 days. When he did not pay the amount, he had issued a cheque drawn on Canara Bank, at Belgaum, on 20-1-2005. The said cheque was presented to the banker of the complainant and the banker of the complainant by its endorsement dated 3-6-2005 returned the cheque inter alia informing the complainant that the cheque is not honoured for want of fund (insufficient fund).

(3.) In this regard, on 1-7-2005 complainant issued legal notice by R. P. A. D. in terms of Section 138(b) of the Act, however, the said notice returned unserved on the ground 'addressee not found'. Thereafter, the complainant issued one more notice dated 26-7- 2005 which was duly served on the respondent. The respondent also gives a reply to the said legal notice. Since the respondent did not pay the amount as demanded by the petitioner, petitioner filed a complaint before the learned Magistrate on 27-8-2005.