B MUTHUKUMAR Vs. KRISHNARAJAN

JUDGEMENT

(1.) (Prayer: This Criminal Revision has been preferred against Order dated 27.09.2002 made in C.A. No.181 of 2001 on the file of the First Additional District and Sessions Court cum Chief Judicial Magistrate, Salem.) This revision has been preferred against the judgment in C.A. No.181 of 2001 on the file of the First Additional District and Sessions Court cum Chief Judicial Magistrate, Salem. The said appeal has been preferred against the judgment in C.C.No.191 of 1998 on the file of the Court of Judicial Magistrate No.III, Salem. The accused in C.C.No. 191/98, who has lost his case before the first appellate court is the revision petitioner herein.

(2.) THE complainant/respondent has preferred a private complaint under section 200 Cr.P.C against the accused for an offence under section 138 of the Negotiable Instruments Act on the basis of a cheque dated 01.12.1997 drawn by the accused for Rs.40,000/- (Rupees forty thousand) only. When the said cheque was presented before the Catholican Syrian Bank, the same was returned on 11.02.1998 with an endorsement that there is no sufficient funds in the account of the accused. THE statutory notice was issued by the complainant on 24.02.1998. THE said notice was received by the accused on 2.3.1998. THE accused has sent a reply notice but did not take any steps to repay the debt amount.

(3.) PW.1 is the complaint Krishnaraj. In his evidence, he has deposed that he is indulged in selling dyes. The accused who is running a shop by name 'Rajaganapathi Dyers' had placed orders for purchasing dyes from the complainant. In the said transaction, a sum of Rs.1,09,357.35p ( One lakh nine thousand three hundred and fifty seven rupees and thirty five paise) only was the amount due to the complainant. In partial discharge of the said debt, the accused had drawn a cheque for Rs.40,000/- (Rupees forty thousand) only on 1.12.1997 and when the cheque was presented for realisation, the same was dishonoured by Catholican Syrian Bank on 11.2.1998 on the ground that there is no sufficient funds in the account of the accused. A notice was issued by the complainant on 24.02.1998 to the accused informing about the dishonouring of the cheque issued by him. The said notice was received by the accused on 2.3.1998.