M N THANGARAJ Vs. VENKATACHALAPTHI TEX

JUDGEMENT

(1.) THIS appeal has been preferred against the Judgment in C. A. No. 6 of 2001 on the file of the II Additional Sessions Judge, Erode, which had arisen out of the findings in C. C. No. 42 of 1998 on the file of the Judicial Magistrate No. I, Erode. The complainant had filed a private complaint under Section 200 of Cr. P. C. , against the accused 1 to 3 for an offence under Section 138 of the Negotiable Instruments Act, 1881.

(2.) THE learned Judicial Magistrate, after taking cognizance of the offence, has issued summons to the accused and on their appearance, copies under Section 207 of Cr. P. C. , were furnished to the accused and when the offence was explained to the accused and questioned they pleaded not guilty.

(3.) P. W. 2 is Senior Manager of Dhanalakshmi Bank, wherein the complainant is having his account. According to P. W. 2, the impugned cheque-Ex. P. 1 was tendered by the complainant on 29. 10. 1997 for collection and the said cheque was forwarded to Bank of Baroda, wherein the accused is having his account. Bank of Baroda has dishonoured the cheque. Ex. P. 11 is the statement of accounts for the complainant.