M N RANGASAMY Vs. A KISHNASAMY

JUDGEMENT

(1.) THIS appeal has been preferred against the Judgment in C.C.No.317 of 1998 on the file of the Court of Judicial Magistrate No.1, Coimbatore. The appeal is against acquittal preferred by the complainant.

(2.) ACCORDING to the complainant, the accused after borrowing a sum of Rs.5 lakhs from the complainant had drawn the impugned cheque - Ex.P.1 on 1.2.1997, which on presentation before the Andhra Bank on 8.6.1997 was returned with an endorsement 'Account Closed'. Ex.P.2 is the Return Memo issued by the Bank along with the cheque - Ex.P.1. The complainant, thereafter, had issued a notice under the original of Ex.P.3 on 14.06.1998, for which the accused had sent a reply under Ex.P.4 dated 28.6.1998. Ex.P.5 is the statement of accounts relating to the accused maintained in Indian Bank, Devangapet Branch. Hence, for seeking appropriate remedy under Section 138 of the Negotiable Instruments Act, the complainant had approached the trial Court.

(3.) THE point for determination in this appeal is whether the impugned cheque-Ex.P.1 was drawn by the accused to discharge a subsisting liability to warrant conviction under Section 138 of the Negotiable Instruments Act?