V P ESWARAMOORTHY Vs. MURUGANI

JUDGEMENT

(1.) THIS revision has been preferred against the Judgment in C. A. No. 52 of 2005 on the file of the Additional District Judge-cum-Fast Track Court NO. 1,erode which had arisen against the Judgment in C. C. No. 613 of 2002 on the file of Judicial Magistrate No. 1, Erode.

(2.) A private complaint was filed under Section 200 Cr. P. C. for an offence under Section 138 of Negotiable Instruments Act 1881 against the accused claiming that two cheques drawn by the accused dated 18. 7. 2002 for a sum of Rs. 3,00,000/- and another cheque dated 25. 7. 2002 for a sum of Rs. 2,38,692/ -. When presented for collection on 20. 9. 2002 in the Indian Overseas Bank, Erode Branch, both cheques were returned by the bank stating that there is no sufficient fund in the account of the drawer of the cheque to honour the same. A statutory notice was issued by the complainant on 27. 9. 2002 calling upon the accused to pay the said cheque amount, amounting to a sum of Rs. 5,38,692/- giving 15days time for payment. The said notice was returned with an endorsement"not claimed" on 19. 10. 2002. The accused had failed to make any payment subsequently. Hence the complaint.

(3.) AFTER recording the sworn statement of the complainant, the learned Judicial Magistrate No. 1,erode taking the complaint on file as C. C. No. 613 of 2002 and on appearance of the accused on summons, copies under Section 207 Cr. P. C were furnished to the accused and when the offence was explained to the accused and questioned the accused pleaded not guilty.