G VENKATRAMAN Vs. N PAPPANNAN

JUDGEMENT

(1.) This Criminal Appeal has been directed against the order of acquittal dated 7.8.2006 passed in Calendar Case No.346 of 2005 by the Judicial Magistrate Court No.1, Coimbatore.

(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 the complainant, accused and one Mohan have run a partnership business under the name and style of 'Micro Engineering' from the year 1984. On 31.12.2003, the same has been dissolved and the entire business has been taken over by the complainant and at the time of dissolution, the accused has to pay a sum of Rs.60,000/- to the complainant and in order to discharge the same, on 15.7.2004, the accused has given a cheque in favour of the complainant and the same has been put into the concerned bank and the concerned bank has returned the same stating "funds insufficient" and subsequently, a statutory notice has been issued and after receipt of the same, the accused has given a false reply notice. Under the said circumstances, he has committed an offence punishable under section 138 of Negotiable Instruments Act.