D MUTHUKUMARASAMY Vs. V SIVAKUMAR

JUDGEMENT

(1.) The dismissal order dated 25.10.2004 passed in Calendar Case No.16 of 2004 by the District Munsif cum Judicial Magistrate, Kattumannarkoil is being challenged in the present Criminal Appeal.

(2.) The appellant herein as complainant has filed the complaint in question under Sections 138 read with 142 of the Negotiable Instruments Act, 1881, wherein, the present respondent has been shown as sole accused.

(3.) In the complaint, it is averred that the accused has received a sum of Rs.One Crore from the complainant and to that effect, an agreement has come into existence and for the purpose of discharging his liability, the accused has given the cheques in question, each for a sum of Rs.Fifty Lakhs and since the accused has failed to discharge his liability, a statutory notice has been given and even after receipt of the same, he has not discharged his liability, however, the accused has given a false reply notice and in the said circumstances, the accused has committed an offence punishable under Section 138 of the Negotiable Instruments Act, 1881 and therefore, the present complaint has been filed for getting the relief sought for therein.