V.M. RAVI CHELLMUTHU Vs. K. LOGU

JUDGEMENT

(1.) This criminal appeal has been directed against the judgment passed in Crl.A. No. 30 of 2009, by the Additional District and Sessions Court/Fast Track Court, No. I, Erode.

(2.) The appellant herein, as complainant, has filed a complaint under Sec. 138 r/w. Sec. 142 of the Negotiable Instruments Act, 1881, on the file of the Judicial Magistrate Court No. 2, Erode and the same has been taken on file in Calendar Case No. 364 of 2007, wherein, the present respondent has been shown as sole accused.

(3.) It is averred in the complaint that the accused has received a sum of Rs. 80,000/ - from one M. Ravi by way of debt and in order to discharge the same, two post dated cheques have been issued by the accused in favour of the said M. Ravi and subsequently, the said Ravi has received the amount from the complainant and made over the cheques in his favour. The cheques in question have been presented in the concerned bank and the concerned bank has returned the same stating 'funds insufficient' and subsequently a statutory notice has been issued and even after receipt of the same, the accused has not discharged his liability and thereby committed an offence punishable under Sec. 138 r/w. Sec. 142 of the Negotiable Instruments Act, 1881.