SEETHALAKSHMI Vs. S RANGANATHAN

JUDGEMENT

(1.) THIS appeal has been preferred by the Complainants/appellants under Section 138 of Negotiable Instruments Act against the judgment in C.C.No.230 of 1993 on the file of Judicial Magistrate,Gudiyatham,Vellore District.

(2.) THE brief facts of the complaint, filed by the complainant are as follows: THE present complainants are the legal representatives of the deceased Sathyamurthy, the original complainant, from whom the accused had borrowed a sum of Rs.70,000/- as hand loan and issued three cheques dated 17.8.1993 for Rs.40,000/-(Cheque No.74902), Rs.20,000/-(Cheque NO.74903) and Rs.10,000/-(Cheque No.74904). THE complainant had presented those three cheques for encashment, but the same were dishonoured on the ground of "insufficient funds in the account of the accused." THE complainant had issued a notice dated 27.9.1993 which was received by the accused on 28.9.1993. THE accused had sent a reply notice dated 7.10.1993 with false contentions. Hence the complaint.

(3.) AFTER going through the evidence both oral and documentary, the learned trial Judge has dismissed the complaint on the ground that the complainant had failed to prove that Exs P1 to P3 impugned cheques were drawn by the accused in order to discharge a subsisting liability. Aggrieved against the findings of the learned trial Judge, the legal representatives of the complainant, who died pending trial before the trial Court have preferred this appeal.