S RAVICHANDRAN Vs. V PANDIYAN

JUDGEMENT

(1.) The above Criminal Appeal is directed against the judgment dated 28.08.2002 made in C.C. No. 70 of 2002 by the Court of Judicial Magistrate, Thiruvarur, thereby acquitting the respondent under Section 256 of Cr.P.C. on account of the appellant having not taken proper steps in the private complaint initiated by him under Section 138 of the Negotiable Instruments Act.

(2.) Heard the learned counsel for both and perused the records.

(3.) It is simply on ground that on the part of the complainant, he has not come forward to prosecute the complaint registered on the file of the lower Court for an offence punishable under Section 138 of the Negotiable Instruments Act, said to have been committed on the part of the respondent, which has been filed before the lower Court on 14-03-2002 by the complainant on a dishonoured cheque for a sum of Rs.1,30,000/-, which was returned unpaid on 8-10-2001, on ground that the respondent did not have sufficient funds in his accounts, so as to honour the cheque and hence, issuing the lawyer's notice dated 12-10-2001, demanding the cheque amount to be paid within 15 days from the date of receipt of the same and on failure to comply with, the appellant has come forward to file the private complaint before the Trial Court, as per the provisions of Section 138 of the negotiable Instruments Act in time seeking redressal.