C KRISHNA AND CO Vs. J VIJAYALAKSHMI

JUDGEMENT

(1.) THIS appeal has been preferred against the Judgment in C. C. No. 28 of 1998 on the file of the Judicial Magistrate No. V,salem.

(2.) THE appellants have filed a private complaint under Section 200 Cr. P. C. against the accused for an offence under Section 138 of Negotiable Instruments Act 1881 (hereinafter referred to as"the Act" on the ground that the impugned cheque Ex P8 drawn by the accused for a sum of Rs. 6,89,000/- to discharge a subsisting liability for a sum of Rs. 5,50,000/- being the principal amount borrowed under Ex P2 to Exp7 promissory notes including the future interest up to 6. 11. 1997 ie. , one day prior to the date of the drawal of Ex P8 impugned cheque. The case of the complainants is that on presentation of the impugned cheque Exp8 with the bank, the same was returned with an endorsement that there is no sufficient funds in the account of the accused. Ex P9 is the memo of the bank sent along with Ex P8 impugned cheque at the time of dishonouring the same. The complainant has issued a notice as contemplated under Section 138 (b) of the Act under the original of Ex P10, which was received by the accused under Ex P11. Since the accused has not chosen to send any reply notice nor made any arrangement to repay the debt, the complainants have preferred the complaint.

(3.) AFTER recording the sworn statement of the complainants, the learned Judicial Magistrate No. V,salem had taken on file the case as C. C. No. 28 of 1998 and on the appearance of the accused on summons, furnished copies under Section 207 of Cr. P. C. and when the offence was explained to the accused, and questioned, the accused pleaded not guilty.