SUJIES BENEFITS FUND LTD. Vs. H.SULTAN

JUDGEMENT

(1.) Challenge in this Criminal Appeal is to the dismissal order dated 10.4.2006 passed in S.T.C.No.1806 of 2005 by the Judicial Magistrate No.VII, Coimbatore.

(2.) The appellant herein, as complainant, has filed the complaint in question under section 138 of Negotiable Instruments Act, 1881 on the file of the trial court and the same has been taken on file in S.T.C.No.1806 of 2005, wherein, the present respondent has been shown as sole accused.

(3.) In the complaint, it is averred that on 22.11.1996, the accused has given an application for getting a loan of Rs.5 Lakhs from the complainant and accordingly, it has been decided to advance loan to the accused for a sum of Rs.5 Lakhs and on the disbursement of Rs.5 Lakhs, Rs.90,000/- has been taken towards interest. The accused is bound to pay the entire amount in 10 instalments. Since the accused has not been able to discharge his entire liability, on 3.12.2003, he has given the cheque in question for a sum of Rs.12 Lakhs in favour of the complainant and the same has been put into the concerned bank and the concerned bank has returned the same stating "accounts closed" and consequently statutory notice has been issued and even after receipt of the same, the accused has not discharged the liability and thereby committed an offence punishable under section 138 of Negotiable Instruments Act, 1881.