T. S. ARUMUGAM Vs. S. K. BUILDER

JUDGEMENT

(1.) These petitions are filed by the petitioner challenging the proceedings initiated by the respondent against the petitioner under ection 138 of the Negotiable Instruments Act (for short, the Act).

(2.) Heard the learned counsel appearing on behalf of the petitioner and the learned counsel appearing on behalf of the respondent.

(3.) The main ground that was urged by the learned counsel appearing on behalf of the petitioner is that as per the statutory notice that was issued by the respondent and as per the averments made in the complaints, the total amount that was due and payable by the petitioner was Rs.98,62,250.00. Out of this amount, it was also admitted that a sum of Rs.75.00 lakhs was paid. However, the outstanding amount has been arrived at to the tune of Rs.27,53,494.00 whereas the actual outstanding amount was only Rs.23,62,250.00. Towards recovery of this outstanding amount, two post dated cheques have been used by the respondent/complainant, one for a sum of Rs.20.00 lakhs and the other for a sum of Rs.5.00 lakhs. In short, for the admitted outstanding amount of Rs.23,62,250.00, the respondent/ complainant filled up the cheques altogether for a sum of Rs.25.00 lakhs. In view of the same, it has been contended that without there being a specific endorsement under Sec. 56 of the Act, the cheques could not have been presented for the total amount of Rs.25.00 lakhs as mentioned in the cheques.