D RAJENDRAN Vs. S R VIJAYARAGHAVAN (ALIAS) VIJAYARAJAN

JUDGEMENT

(1.) The dismissal order dated 17.06.2015, passed in STC No.74 of 2012, by the Fast Track Court (Magistrate level), Nagapattinam, is being challenged in the present criminal appeal.

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

(3.) It is averred in the complaint that the accused has received a sum of Rs.5,00,000/- by way of debt from the complainant and to that extent, he executed a promissory note and subsequently, on 10.06.011, the accused has given the cheque in question in favour of the complainant and the same has been put into concerned bank and the concerned bank has returned the same stating 'funds insufficient'. Subsequently, a legal notice has been issued and even after receipt of the same, the accused has not discharged his liability. Under the said circumstances, he has committed an offence punishable under Section 138 of the Negotiable Instruments Act, 1881.