VIJUMON K.V. Vs. BINNU BENNY

JUDGEMENT

(1.) The petitioner is the accused in the case S.T No.282/2019 on the file of the Court of the Judicial First Class Magistrate-II, Chengannur.

(2.) The aforesaid case is instituted upon the complaint filed against the petitioner by the first respondent for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as ‘the Act’).

(3.) Annexure-I is the copy of the complaint. The material averments in Annexure-I complaint are as follows: The complainant is a person who conducts business in supplying mobile phone accessories. The accused is the proprietor of "Corona Communications ". As per the request of the accused, the complainant had supplied mobile accessories to him for an amount of Rs. 5,25,000/-. Out of the aforesaid amount, the accused gave Rs.2,75,000/- to the complainant. Towards the balance amount, the accused issued a cheque dated 29.05.2017 for Rs.2,50,000/- to the complainant. The complainant presented the cheque in the bank. It was returned unpaid for the reason that there was no sufficient amount in the account of the accused. The complainant sent a lawyer notice to the accused demanding payment of the amount of the cheque. The accused received the notice. He sent a false reply denying the liability. The accused did not pay the amount of the cheque.