S. SURESH Vs. M.C. SUBRAMANIAN

JUDGEMENT

(1.) THE concurrent judgments passed in Calendar Case No.225 of 1998 by the Judicial Magistrate Court No.II, Ramanathapuram and in Criminal Appeal No.31 of 2002 by the Additional District and Sessions -cum -Fast Track Court, Ramanathapuram, are now under challenge.

(2.) THE respondent herein as complainant has lodged the complaint in question under Sections 138 read with 142 of the Negotiable Instruments Act, 1881, on the file of the Judicial Magistrate Court No.II, Ramanathapuram, wherein the present revision petitioner has been shown as accused.

(3.) THE material averments made in the complaint can be stated like thus: On 29.11.1992, the son of the complainant by name Sathasivam has married the sister of the accused by name Sudha. The complainant is doing Government contract works. On 13.10.1997, the accused has demanded Rs.7,00,000 from the complainant by way of debt. On the same day, the complainant has given a cheque for a sum of Rs.4,00,000 to the accused. On 19.11.1997, the accused has received another cheque for a sum of Rs.3,00,000 from the complainant. The complainant has asked the accused to discharge the amount, but the accused has given evasive reply and ultimately, on 4.5.1998, the accused has given a cheque for a sum of Rs.7,00,000 in favour of the complainant and the same has been presented in the concerned Bank and the concerned Bank has returned the same stating "funds insufficient". On 19.6.19 -98, the complainant has given a statutory notice to the accused and even after receipt of the same, the accused has failed to discharge his liability nor given any reply notice. Under the said circumstances, the accused is said to have committed offence under Section 138 of the Negotiable Instruments Act.