V VARADARAJ Vs. V KARUPPIAH NADAR

JUDGEMENT

(1.) THE appeal is directed against the Judgment of the Judicial Magistrate, Thirumangalam in C.C.No.1454 of 1999 dated 7.6.2005.

(2.) THE brief facts of the case of the complainant are as follows: a) THE first accused is a Commission Agent and the second accused is his partner in the business. THE complainant used to purchase the agricultural grains from the nearby villages in bulk quantities and handover the same to the first accused for sale. THE first accused used to sell those grains and handover the amount due to the complainant after deducting his commission. It is alleged in the complaint that during November 1998, the complainant handed over the agricultural produce to the accused for sale and the accused is liable to return a sum of Rs.4,86,000/- after deducting his commission. So, in order to discharge a sum of Rs.4,86,000/-, the accused gave two cheques bearing Nos.257282 & 257283 drawn on Tamil Nadu Mercantile Bank Ltd. for a sum of Rs.2,43,000/- each. b) THE second accused was incharge of the Partnership Firm. When the cheques were presented for collection to the Canara Bank, Kallikudi Branch on 27.5.1999, the same were returned on 1.6.1999 with an endorsement 'Funds insufficient'. Hence on 8.6.1999, the complainant sent a lawyer notice to the accused demanding a sum of Rs.4,86,000/- with interest. Even though the Postman concerned informed about the notice to the accused on 10.6.1999, the notice sent by post was returned with a postal endorsement as 'unclaimed'. Hence the complaint.

(3.) CHALLENGING the judgment of the learned Judicial Magistrate, Thirumangalam, the above appeal has been preferred by the complainant /appellant.