K. MURALI Vs. K. SANTHANAM AND S. BOOMA

JUDGEMENT

(1.) There was no representation for the petitioner on 02.11.2017 and therefore, the matter was posted under the caption 'For Dismissal' today (06.11.2017). Today also, there is no representation for the petitioner and therefore, this Court perused the complaint, evidence, the judgment of the trial Court and the First Appellate Court and passes the following order.

(2.) For the sake of convenience, the petitioner and the respondents will be referred to as the complainant and the accused.

(3.) It is the case of the complainant that the first accused borrowed a sum of Rs. 44,00,000/- and in order to discharge the said debt, the first accused issued a cheque dated 06.01.2010, for Rs. 20,00,000/- and the second accused, who is the wife of the first accused, gave a cheque dated 06.01.2010 for Rs. 24,00,000/-. The complainant presented the cheques and both the cheques were returned unpaid on the ground that the accounts were closed. The complainant issued a statutory notice under section 138 of the Negotiable Instruments Act on 20.01.2010, for which, the accused issued a reply notice dated 03.02.2010, denying the allegations.