K.SUNDARI Vs. C.A.R.P. MARI

JUDGEMENT

(1.) The respondent filed a private complaint against the petitioners for offence under Sec. 138 of the Negotiable Instruments Act 1881, on the ground that A1 is working as a Principal of the college and A2 is the Managing Trustee of the college and the respondent is a building contractor and also happens to be the brother of A2.

(2.) An agreement was entered into and the services of the respondent was utilized for construction of a ground floor and computer hall for the college. The total expenditure for the construction was to the tune of Rs.1,49,64,700.00. This was also admitted by A2 and only a part amount was settled and for the remaining amount of Rs.98,07,207.00, a cheque was issued which was signed by A1. When the cheque dtd. 11/3/2020 was deposited for collection, it was returned with an endorsement 'Funds Insufficient'. Pursuant to the same, the private complaint has been filed before the Court below.

(3.) Heard the learned counsel for the petitioners and the learned counsel for the respondent.