M. MARUTHA DURAI Vs. T. P. PALANIVELU

JUDGEMENT

(1.) This appeal is directed against the judgment passed by the learned District Munsif cum Judicial Magistrate, Sriperumbudur dated 22.07.2015 in STC No.958 of 2014. The brief facts of the case is as follows The appellant is the complainant. According to the appellant/complainant, he has filed a complaint under Section 138 of the Negotiable Instruments Act against the respondent/accused on the ground that when the cheque issued by the respondent/accused in discharge of his liability was presented for encashment, it was returned dishonoured and the same was intimated to the respondent through a legal notice, by giving him fifteen days time for repayment of the cheque amount. However, even after the receipt of the legal notice, the respondent/accused has failed to repay the amount. Therefore, the appellant/complainant has preferred a complaint under Section 138 of the Negotiable Instruments Act and the same was numbered as STC No.958 of 2014 and sworn statement was taken from the complainant and summons were also issued and the same was served on the respondent/accused. After receipt of the summons, the respondent/accused appeared before the trial Court and received copies. Statement of the accused was also recorded and he denied the charges.

(2.) The case was posted for trial on 22.07.2015. On that date, complainant was unable to appear before the Court as he was suffering from jaundice. Therefore, the case was dismissed for default. Aggrieved over the same, the complainant has preferred the present appeal.

(3.) Heard the learned counsel for the appellant/complainant.