A. THIYAGARAJAN Vs. M. BASKARAN

JUDGEMENT

(1.) Heard the learned counsel on either side.

(2.) Before commencing the arguments, the learned counsel appearing for the revision petitioner submitted that the respondent Baskaran is no more. The learned counsel appearing for the respondent submits that he is not having instruction in this regard and that their attempts to elicit information from their counterpart did not yield any result.

(3.) It is seen that Baskaran filed S.T.C.No.449 of 2011 against the petitioner before the Judicial Magistrate, Aundipatti, for the offence under Section 138 of the Negotiable Instruments Act, 1881. The case of the complainant was that the accused issued cheque dated 31.07.2020 drawn on ING Madurai Branch for a sum of Rs.3,00,000/- and that the said cheque was presented for collection on 19.10.2010 and that it was returned with an endorsement account closed on 21.10.2010. The complainant issued statutory notice on 30.10.2010. The accused received the same on 09.11.2010 and sent a reply dated 26.11.2010. Since the accused did not comply with the demand set out in the notice, the prosecution under Section 138 of the Act was initiated.