K J BASTIAN Vs. ELECTRO WIRE LINK INDUSTRIES

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment in C. C. No. 5095/1997 on the file of the Court of VII Metropolitan Magistrate, George Town, Chennai. The complainant is the appellant herein.

(2.) THE brief facts in the complaint preferred by the complainant for the offence punishable under Section 138 of Negotiable Instrument Act, are as follows:-In connection with the purchase of wires from the complainant-company the accused had drawn a cheque for Rs. 2,00,489/- on 31. 12. 1996. When the cheque was presented in the bank on 06. 06. 1997, the same was retuned with an endorsement that "it exceeds the arrangements". Hence the complainant has issued a notice to the accused on 18. 06. 1997, but the accused has not chosen to send any reply. Hence the complaint.

(3.) AFTER taking the sworn statement of the complainant, the complaint was taken on file by the learned Judicial Magistrate and the sommons were issued to the accused for appearance. On appearance, the copies under Section 207 of Cr. P. C. were furnished to the accused and when the offence was explained to the accused they pleaded not guilty. On the side of the complainant, P. W. 1 to P. W. 4 were examined and Ex. P. 1 to P. 5 were marked. On the side of the accused no oral evidence was let in, but Ex. D. 1 to D. 4 were marked.