SURESHKUMAR METHA Vs. ADDISON AND CO LTD

JUDGEMENT

(1.) THE petitioner is the sole accused for the offence punishable under Section 138 of Negotiable Instruments Act pending in C. C. No. 3869 of 2005 on the file of XVIII Metropolitan Magistrate, Saidapet, Chennai.

(2.) IN a business transaction, for supply of metal cutting tools and machine tools, there was an outstanding for a sum of 1,27,983. 02 payable to the complainant by the petitioner/accused. As part payment of the total liability, the petitioner is stated to have issued a cheque for a sum of Rs. 50,000/-, bearing No:0763994, dated 15. 6. 2004, drawn on Bank of India, Adityapur Branch, Code 4503, Jamshedpur. The complainant/respondent is stated to have deposited the same into the Bank for collection on 25. 11. 2004 through Central Bank of India, Ballygunge, Kolkata, and since the cheque was returned with an endorsement "exceeds Arrangement", private complaint has been filed.

(3.) THE learned counsel for the petitioner submits that it is true that a cheque bearing No. 0763994 dated 15. 6. 2004 has been issued to the complainant. However, after dishonour, a Demand Draft bearing No. 020120, dated 27. 10. 2004, has been issued to the complainant/respondent and an acknowledgement has also been received in this regard, wherein it has been stated as follows: