V MANIKANDAN Vs. P RAMESH

JUDGEMENT

(1.) AGGRIEVED over the dismissal of his Complaint, acquitting the Accused under Sec. 256 (1) Crl. P. C in S. T. C. No. 6 of 1996 by Judicial Magistrate No. III, Pollachi by the Order Dated 01. 10. 1997, the Complainant has preferred this Appeal.

(2.) CASE of Complainant is that the Respondent / Accused had purchased two Agricultural apparatus two Cultivators and one Leveler worth Rs. 26,900/ -. For discharging that amount, the Accused issued two Cheques for Rs. 20,000/- (Cheque No. 563058 dated 20. 09. 1995) and Rs. 6,900/- (Cheque No. 563057 dated 10. 09. 1995) drawn on State Bank of India, Pollachi Branch. The Complainant has presented the Cheques for collection through his Banker Karur Vysya Bank Ltd. , Pollachi Branch on 21. 09. 1995. The Cheques were returned with endorsement Insufficiency of Funds. The Complainant has informed the same to the Accused and the Accused requested the Complainant to present the Cheques after twenty days. The Cheques were presented again for the second time on 16. 10. 1995; which were also returned for Insufficient funds. The Complainant issued the Statutory Notice dated 30. 10. 1995, which was also returned unserved. Hence, the Complainant has filed the Complaint under Sec. 138 Negotiable Instruments Act (hereinafter referred to as N. I. Act ).

(3.) THE Complaint was taken on file on 05. 01. 1996. For non-appearance of the Complainant, the Complaint was dismissed on 01. 10. 1997. In the Impugned Order, learned Magistrate has pointed out that the Appellant / Complainant had been a chronic non-attender to the Court and that the Complainant is not interested in proceeding with the matter and on that ground, dismissed the Complaint, acquitting the Accused under Sec. 256 (1) Crl. P. C.