SURANA & SURANA Vs. KAMAL BABBAR

JUDGEMENT

(1.) This Criminal Appeal has been directed against the dismissal order dated 21.7.2013 passed in Calendar Case No. 5079 of 1999 by the VIII Metropolitan Magistrate, George Town, Chennai.

(2.) The appellant herein, as complainant, has filed the complaint in question under Sec. 138 of Negotiable Instruments Act, 1881 and the same has been taken on file in Calendar Case No. 5079 of 1999, wherein the present respondent has been shown as sole accused.

(3.) It is averred in the petition that the petitioner has appeared as a counsel in a Civil Suit for the accused and towards his fees, the accused has given 2 cheques, each for a sum of Rs. 1,25,000/ - on 26.04.1999. The accused has also given one more cheque in favour of the complainant and all the cheques have been put into the concerned bank for collection, but the cheques in question have been returned stating "funds insufficient" and subsequently, a statutory notice has been given and even after receipt of the same, the accused has not discharged his liability and under the said circumstances, he has committed an offence punishable under Sec. 138 of Negotiable Instruments Act.