MADRAS CEMENTS LIMITED Vs. K GUNASEKARAN

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment in C. C. No. 2748 of 1994 on the file of the VII Metropolitan Magistrate, Chennai, dated 31. 5. 2000. The private complaint was preferred under Section 200 of Cr. P. C. , by the complainant against the accused for an offence under Section 138 of the Negotiable Instruments Act.

(2.) THE brief facts in the complaint relevant for the purpose of deciding this appeal are as follows: the complainant is indulged in cement business in the name of Ram Co Cements. The accused used to purchase cement bags from the complainant on credit basis. As per the statement of accounts as on 30. 4. 1994 a sum of Rs. 3,50,250/- was the amount due from the accused to the complainant. To discharge the above said debt the accused had drawn a cheque for Rs. 3,50,250/- on 30. 4. 1994 in the name of the complainant, which on presentation in State Bank of India, Commercial Branch, Chennai, was returned with an endorsement that there was no sufficient funds in the account of the accused. A statutory notice under Section 138 of the Negotiable Instruments Act was issued by the complainant to the accused. The accused had received the notice and sent a letter dated 11. 1. 1995 but not chosen to repay the cheque amount. Hence, the complaint.

(3.) THE said complaint was taken on file by the learned Magistrate after recording the sworn statement of the complainant. On appearance of the accused on summons copies under Section 207 of Cr. P. C. , were furnished to the accused and when the offence was explained to the accused he pleaded not guilty. On the side of the complainant P. W. 1 to P. W. 3 were examined and Ex. P. 1 to Ex. P. 7 were exhibited.