K RAMACHANDRAN Vs. P THIRUMOORTHY

JUDGEMENT

(1.) Challenge in this Criminal Appeal is to the order dated 1.11.2007 passed in Calendar Case No.168 of 2007 by the Judicial Magistrate No.II, Udumalpet.

(2.) The appellant herein, as complainant, has filed the complaint in question under section 138 of Negotiable Instruments Act, 1881, wherein the present respondent has been shown as sole accused.

(3.) It is averred in the petition that on 26.12.2004, the accused has received a sum of Rs.85,000/- by way of loan from the complainant and on 26.12.2004, the accused has given a cheque in favour of the complainant and the same has been presented in Canara Bank, Uthukuli Branch. The cheque in question has been returned on 28.12.2004 stating that "funds insufficient" and thereafter, a statutory notice has been given on 11.1.2005 and even after receipt of the same, the accused has not discharged the liabilities. Under the said circumstances, the accused has committed an offence punishable under section 138 of Negotiable Instruments Act, 1881.