C. DHAYABARAN Vs. S. SARLES

JUDGEMENT

(1.) THE petitioner, who is an accused in S.T.C. No. 260 of 2014 on the file of the learned Judicial Magistrate -Fast Track Court No. 1 (Magisterial level) Nagercoil, would submit that the respondent herein has filed a complaint under Section 200 Cr.P.C. for an offence under Section 138 of Negotiable Instruments Act, stating that the petitioner herein, in order to discharge his liability, issued a cheque, which, on presentation for encashment, was returned with an endorsement 'insufficient funds'.

(2.) THE learned Counsel appearing for the petitioner submits that the petitioner has borrowed a sum of Rs. 3,50,000/ - on 10.05.2013 for the purpose of his College's improvement and the petitioner has also issued a cheque bearing No. 532688 dated 17.10.2013. The respondent has presented the same for collection on 17.10.2013 and the same was returned for the reason "Funds insufficient" on 21.10.2013. An intimation was received on 23.10.2013. Hence, the respondent has sent a demand notice to the petitioner and the same was received by the petitioner on 11.11.2013. Furthermore, the amount has been repaid. Hence, he prays for quashment of the case. He further submits that there was a material alteration in the document to the effect that S. Sarles' name is written in different ink.

(3.) AS per the provisions of Negotiable Instruments Act, 1881, the holder is entitled to invoke presumption and the question as to whether the name of S. Charles or C. Prabhu has been written in the instrument in different ink can be gone into only at the time of trial.