S S UMMUL HABIBA PROPRIETOR Vs. B RAJENDRAN

JUDGEMENT

(1.) Complainant in C.C.415/1993 on the file of Judicial Magistrate, Periyakulam is the Appellant. By the Judgment dated 28.08.1996, the Judicial Magistrate, Periyakulam had acquitted the Respondent / accused under Sec.138 of Negotiable Instruments Act (for short 'N.I.Act'). Aggrieved over the order of acquittal, Complainant has preferred this Appeal.

(2.) Case of Complainant is that he is doing business selling auto parts under the name and style M/s.Alim Auto Supplies. The accused and his brother one Kanagaraj are having transport business running two lorries under the name and style "M/s.Angala Easwari & Santhi Lorry Services". The accused purchased auto parts from the Complainant's shop on credit for both the lorries.

(3.) As on 20.05.1992, the outstanding credit balance on account of the two lorries was Rs.24,415/=. Towards discharge of part of the balance amount, the accused issued Ex.P.1 - Cheque for Rs.24,400/= on 30.09.1992 at Periyakulam drawn on State Bank of India, Theni Branch. The Complainant presented the cheque in Lakshmi Vilas Bank, Periyakulam for collection. The cheque was dishonoured for "insufficient funds". The same was intimated to the Complainant by his Bank under Ex.P.2 - Memo on 09.12.1992.