S RAMANUJAM Vs. A AKILAN

JUDGEMENT

(1.) THIS revision has been preferred against the Judgment in C. A. No. 429 of 2004 on the file of the Court of VII Additional Sessions Judge,city Civil Court, Chennai.

(2.) THE short facts of the case relevant for the purpose of deciding this revision are as follows: the complainant had preferred a complaint under Section 200 Cr. P. C. for an offence under Section 138 of the Negotiable Instruments Act,1881. On 12. 5. 2002, the accused had issued two cheques bearing Cheque No. 442970 for a sum of Rs. 25,000/- and another cheque bearing Cheque No. 442971 for a sum of Rs. 15,000/- in favour of the complainant in order to discharge the earlier existing debt. When those cheques were presented in Central Cooperative Bank, Karaneeswaranpet Branch, Mylapore, Chennai, the cheques were returned with an endorsement that there was no sufficient funds in the account of the accused. Hence the complainant had issued a notice to the accused on 19. 6. 2002. In spite of the said notice, the accused had neither chosen to send any reply nor paid any amount towards the debt. Hence the complaint.

(3.) THE said complaint was taken on file by the leared XVIII Metropolitan Magistrate, Saidapet, Chennai in C. C. No. 7034/2002 and on appearance of the accused on summons, the learned trial Judge has furnished copies under Section 207 Cr. P. C. to the accused and when the offence was explained to the accused, they pleaded not guilty.