L SONKADHIR Vs. P THIYAGARAJAN

JUDGEMENT

(1.) This revision is directed against the order of the learned Judicial Magistrate No. 1, Tindivanam, made in C.M.P. No. 1322 of 1997 in C.C. No. 358 of 1997 dated 24-10-1997, dismissing the petition filed by the petitioner, who is an accused, for discharge from the complaint made by the respondent for the offence under Section 130 of the Negotiable Instruments Act.

(2.) The complainant/respondent herein filed the complaint, which was taken on file in C.C. No. 358 of 1997 by the Judicial Magistrate No. 1, Tindivanam, against the petitioner/accused for the offence under Section 138 of the Negotiable Instruments Act.

(3.) According to the complainant, the accused/petitioner purchased black granites on 4-1-1997 for Rs. 80,000/- and issued a cheque for the said amount. On 30-6-1997 the cheque was presented and the same was returned by the Bank on 9-4-1997 with an endorsement that there is insufficiency of funds. Therefore, on 17-4-1997 the complainant, the respondent herein sent a statutory notice to the accused demanding for the payment of the cheque amount. The accused not the complainant and pleaded with him to give two months time for the payment of the said amount. But, despite the lapse of two months' time, the petitioner had failed to repay the amount. So, he again presented the cheque on 25-6-1997 for collection and it was returned on 30-6-1997 with the endorsement "insufficiency of funds". Yet another notice dated 1-7-1997 was issued and the same was returned to the complainant on 14-7-1997. Then, the complaint was filed, since the complainant felt that the accused wantonly evaded to receive the said notice.