RAJAN TEXTILES Vs. R GOMATHY

JUDGEMENT

(1.) The dismissal order dated 30.1.2004 passed in Calendar Case No.376 of 2000 by the Judicial Magistrate Court No.3, Salem is being challenged in the present Criminal Appeal.

(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 complaint that both the complainant and accused are having business transactions in respect of thread. On 29.12.1999, the accused is bound to pay a sum of Rs.89,600/- and for the purpose of discharging the same, on 21.1.2000, she has given the cheque in question and the same has been put into the concerned bank and the concerned bank has returned the same stating "funds insufficient" and subsequently, a legal notice has been issued and even after receipt of legal notice, the accused has not discharged her liability and thereby committed an offence punishable under section 138 of Negotiable Instruments Act.