GREEN SEA MARINE Vs. ANTY V A

JUDGEMENT

(1.) This revision is by the three accused in a complaint filed alleging commission of offence punishable under Section 138 of the Negotiable Instruments Act, 1881, hereinafter referred to as the "NI Act".

(2.) The allegations are that the complainant does the business of seafood supply; the first accused is the firm; the second and third accused are its partners; the accused firm deals with seafood; the complainant had business relationship with the accused; as part of the transactions between the accused firm and the complainant, two cheques were issued, of which the first cheque was honoured on presentation, however that the second cheque was dishonoured showing the reason "funds insufficient", though it was presented on the instructions of the accused; the first accused firm received the notice intimating the dishonour; the notices issued to the other two accused were returned as "not claimed", the accused did not pay even after such demand and have, therefore, committed the offence punishable under Section 138 of the NI Act.

(3.) The Judicial Magistrate of the First Class took cognizance and issued process. At trial, the complainant deposed as PW1.