K.ASHOK Vs. K.PUTTASAMY

JUDGEMENT

(1.) The brief facts of the case are as follows:-

(2.) On the side of the complainant, the complainant was examined as P.W.1 and the Assistant Manager of the Bank was examined as P.W.2 and the following documents were marked, viz., cheque dated 30.12.2000, bank memo returns, debit advice, advocate notice, postal acknowledgment card, authorization letter, statement of accounts, agreement dated 11.03.1998, deposit receipt and a letter dated 04.04.2000. On the side of the accused, two witnesses were examined viz., one Maheswaran and one Puttasami and seven documents were marked viz., auditors report, complaint dated 15.11.2000, deposit receipt acknowledgment document, daily register, notice regarding deposit of Rs.6,00,000/- made on 31.03.2000, extract of annual account register for the year 1998-1999 and document showing transfer of account from Mr.Ashok to Mr.Natarajan.

(3.) P.W.1 had adduced evidence that he is the proprietor of Ashok Agencies and he had supplied scrap materials in the year 1995 to the accused and as such there was an outstanding of a sum of Rs.10,00,000/-. In order to discharge a part of the legally enforceable debt, the accused had issued a cheque for a sum of Rs.50,000/- dated 30.12.2000. P.W.1 further stated that both cheques had been deposited in his bank, viz., Bank of India, Ramanathapuram Branch. The said cheque was returned with an endorsement "exceeds arrangement". P.W.1 further stated that he had issued a legal notice and the same was received by the accused. After receipt of the said legal notice, the accused had neither replied nor made any payment. Supporting his evidence, he had marked the above mentioned documents as exhibits.