DHANALAKSHMI BANK LTD Vs. THILAGAVATHEE ALIAS THILAGAVATHY

JUDGEMENT

(1.) This Criminal Appeal has been preferred against the order of acquittal passed in Calendar Case No.347 of 2011 by the Judicial Magistrate, Fast Track Court, at Magistrate Level-II, Coimbatore.

(2.) The appellant herein, as complainant, has filed a complaint under section 138 r/w Section 142 of the Negotiable Instruments Act, 1881, wherein the present respondent has been shown as sole accused. The complaint filed by the complainant has been taken on file in Calendar Case No.347 of 2011.

(3.) It is averred in the complaint that for the purpose of discharging liability of the accused, he has given the cheques in question and the same have been presented in the concerned Bank and the concerned Bank has returned the same and subsequently, a statutory 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 Negotiable Instruments Act.