M THIAGARAJAN Vs. M MARUTHACHALAM

JUDGEMENT

(1.) AGGRIEVED over the dismissal of his complaint acquitting the Accused under S. 255 (1) Crl. P. C. in C. C. No. 7084 of 1996 by the IX Metropolitan Magistrate, Saidapet, Chennai by the order dated 17. 10. 1997, the Complainant has preferred this appeal.

(2.) CASE of the Complainant is that the accused borrowed money for his business purpose from the Complainant. In discharge of his part liability, the accused had issued Cheque bearing No. 453120 dated 17. 09. 1996 for a sum of Rs. 1,00,000/- drawn on State Bank of India, Anna University Branch, Chennai. When the Cheque was presented for collection on 19. 10. 1996, the same was returned dishonoured for "insufficiency of Funds" on the same day. The Complainant had issued notice of demand dated: 28. 10. 1996, which was received by the accused on 30. 10. 1996. Despite receipt of the notice by the accused, the accused did not pay the money due. Hence the Complainant has filed the complaint under S. 138 of Negotiable Instruments Act.

(3.) THE Complaint was taken on file on 16. 12. 1996 and was adjourned to various dates. On 17. 10. 1997, the Complainant was absent. On his behalf, petition was filed under S. 256 Crl. P. C. , for condoning his absence. The learned Magistrate has allowed the petition filed under S. 256 Crl. P. C. ; but has dismissed the complaint acquitting the accused under S. 255 (1) Crl. P. C.