J. JERALD VIVERA Vs. DAVID MANOHARAN

JUDGEMENT

(1.) This criminal appeal has been directed against the judgment passed in Cri. A. No. 389 of 2008, by the Additional District and Sessions Court, Coimbatore.

(2.) The appellant herein, as complainant, has filed a complaint under Section 138 of the Negotiable Instruments Act, 1881, on the file of the Judicial Magistrate Court No. 2, Coimbatore and the same has been taken on file in Calendar Case No. 594 of 2008, wherein, the present respondent has been shown as sole accused.

(3.) It is averred in the complaint that the complainant knows the accused for a period of five years. On 10.1.2007, the accused has received a sum of Rs. 3,72,000/- from the complainant by way of debt and promised to discharge the same within a period of three months and on the same day, he has given a cheque in favour of the complainant for the said sum of Rs. 3,72,000/- and the same has been put into the concerned bank. The concerned bank has returned the same stating "account of the accused has already been blocked". Under the said circumstances, a statutory notice has been given and even after receipt of such statutory notice, the accused has not discharged his liability and therefore, he committed an offence punishable under Section 138 of the Negotiable Instruments Act, 1881.