M SAJJAN RAJ NAHAR Vs. A BALASUBRAMANIAM

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment in STC. No. 174 of 1998 on the file of the Judicial Magistrate, Mettupalayam. The complaint under Section 200 of Cr. P.C. , was filed by the complainant under Section 138 of the Negotiable Instruments Act against the accused alleging that the accused had drawn a cheque on 14. 10. 1997 for Rs. 3 lakhs to discharge a subsisting liability and when the said cheque was presented in the bank the same was dishonoured on the ground that there was no sufficient funds in the account of the drawer of the cheque.

(2.) AFTER taking cognizance of the offence, the learned judicial Magistrate, after recording the sworn statement of the complainant, had issued summons to the accused and on his appearance copies under Section 207 of Cr. P.C. , were furnished to the accused and when the charges were explained to him and questioned he pleaded not guilty. On the side of the complainant, the power of attorney holder of the complaint was examined as P. W. 1 and Ex. P. 1 to Ex. P. 13 were exhibited

(3.) NOW the point for determination in this appeal is whether Ex. P. 2-impugned chequ e was drawn by the accused to discharge a subsisting debt to warrant conviction against the accused under Section 138 of the Negotiable Instruments Act?