MUTHALAMMAN TRADERS Vs. V RAJAGOPAL

JUDGEMENT

(1.) The order of dismissal dated 26.6.2015, passed in Calendar Case No.1442 of 2012, by the Fast Track Court - IV Metropolitan Magistrate, George Town, Chennai, is being challenged in the present criminal appeal.

(2.) The appellant herein, as complainant, has filed the complaint in question under Section 138 of the Negotiable Instruments Act, 1881 and the same has been taken on file in Calendar Case No.1442 of 2012, wherein the present respondent has been shown as sole accused.

(3.) It is averred in the complaint that the complainant has been doing rice business. The accused has used to purchase rice from the complainant and thereby he is bound to pay a sum of Rs.75,000/- and in order to discharge the same, he has given the cheque in question on 29.12.2011 and the same has been put into concerned bank. The concerned bank has returned the same stating 'funds insufficient' and subsequently, a statutory notice has been issued to the accused. After receipt of the same, he has given a false reply notice. Since the accused has not discharged his liability, he committed an offence punishable under Section 138 of the Negotiable Instruments Act, 1881.