LAWS(MAD)-1997-4-103

UNITED CREDIT CORPORATION Vs. PALANIANDI PILLAI

Decided On April 28, 1997
UNITED CREDIT CORPORATION Appellant
V/S
PALANIANDI PILLAI Respondents

JUDGEMENT

(1.) This revision filed by the petitioners is directed against the order passed in Crl. MP No.3426 of 1996 in CC No.604 of 1995 on the file of Judicial Magistrate, Tiruchy rejecting the prayer made by the petitioners under Section 258 of Criminal Procedure Code to discharge them.

(2.) The only point that has been urged in this revision is the petitioners through the intimation, requested the Bank to stop payment for the cheques issued by them on the reason that the complainant party did not hand over the passbook to them and that the dishonour and that the cheques were returned only with the endorsement, payment stopped by the drawer and that therefore the Section 138 of Negotiable Instruments Act would not get attracted. This submission was rightly rejected by the Trial Court on the basis of the judgment in Binary System Pvt. Ltd. v. Nobel Power Pvt. Ltd., Madras, 1992 LW (Crl.) 307, in which it was held that the question as to whether the accused did not have sufficient funds in the account at the time of presentation of the cheques had to be decided only after the trial is over.

(3.) Being aggrieved over this order, this revision has been filed before this Court. Mr. Raghavachari, learned Counsel appearing for the petitioner, on the strength of the citation reported in K.K. Disharthan v. T.P. Praveena Chandran and another, 1997 (1) CTC 54 in which the Apex Court held that the stop payment would not attract Section 138 of the Act would vehemently contend that the complaint filed in the present case also would not be sustainable under law as this is also a case of stop payment.