GENE Vs. GABRIEL

JUDGEMENT

(1.) This revision has been filed by the petitioner/third party against the judgment dated 4.01.2000 made in Crl. M.P.No.7239 of 2001 in C.C. No. 240 of 1998 by the learned Judicial Magistrate No. II Kuzhithurai.

(2.) The petitioner's case briefly is as follows: (i) One Thangaraj filed a petition so as to constitute a complaint under Section 138 of Negotiable Instruments Act against the respondent herein. The respondent herein borrowed a sum of Rs. 1,50,000 from the complainant to be invested in his Prawn business, agreeing to repay the amount within one month and issued a cheque bearing No. 961549 dated 20.7.1998 drawn at State Bank of Travancore, Thengapattanam Branch. (ii) The cheque was presented in the State Bank of India, Kuzhithurai Branch for collection and it was returned on 8.8.1998 as unpaid due to insufficiency of fund in the respondent's bank account. The respondent has issued the cheque knowing fully well about the insufficiency of funds in his account, and consequences thereon. (iii) So, the complainant, within fifteen days from the date of receipt of information from the bank, sent a notice dated 19.8.1998 through his advocate on 20.8.1998 calling upon the respondent accused to pay the amount within fifteen days from the date of receipt of the notice. But, the respondent accused did not pay the amount. Instead, he sent a reply notice with allegations against the complainant. So, the complainant filed a complaint within one month from the date of expiry of 15 days grace time given under the notice for payment of the amount. So, the complaint was filed in time.

(3.) Before the trial court, on the side of the complainant, PWs 1 to 3 were examined and Exs. P1 to P9 were marked. The accused neither examined any witness nor marked any document.