GOPALAKRISHNA TRADING COMPANY Vs. D BASKARAN

JUDGEMENT

(1.) GOPALAKRISHNA Trading Co., which is dealing in submersible pump sets, is situate at No. 116, Angappa Naicken Street, Madras-1. Krishna Electricals and Hardwares, a partnership firm, is situate at No. 167-B, Nethaji Road, Manjakuppam, Cuddalore-607 001. One D. Baskaran is the managing partner of the said firm. The said Baskaran in his capacity as managing partner, it is said, had been purchasing submersible pump sets from GOPALAKRISHNA Trading Co. for quite long on credit basis and subsequently settling the account by the issuance of cheque for the purchases so made. On one occasion for the money due on the purchases so made, he appeared to have issued a cheque for Rs. 25, 000 dated May 30, 1991, in favour of GOPALAKRISHNA Trading Co. The cheque when presented by the said company on November 28, 1991, got bounced with an endorsement "insufficient funds" on December 10, 1991. After complying with other formalities, it is said GOPALAKRISHNA Trading Co. represented by its manager, P. Sivaram, lodged a complaint against the said Baskaran for an alleged offence under section 138 of the Negotiable Instruments Act, 1881, before the Seventh Metropolitan Magistrate, George Town, Madras, on January 20, 1992. The learned Magistrate returned the complaint with an endorsement as below :