S R MAHESH KUMAR Vs. K R KRISHNAMOORTHY

JUDGEMENT

(1.) THE petitioner is the accused in S.T.C. No.236 of 2005 on the file of the Judicial Magistrate No.I, Madurai. THE respondent is the complainant which he has laid on the strength of a cheque dated 7.11.2002 issued by the petitioner for a sum of Rs.50,000/-.

(2.) WHEN the cheque was presented for collection through his bankers it was returned with an endorsement `funds insufficient' hence the respondent issued statutory notice to the petitioner calling upon him to pay the cheque amount within 15 days time from the date of receipt of the notice. Since he had not repaid the amount, the respondent filed a Complaint before the above said Court through his power agent one K.R. Krishnamoorthy.

(3.) MR. T.R. Subramanian the learned counsel for the respondent conversely would contend that even though the original power of attorney deed was not produced along with the Complaint at the first instance, the subsequent production of the same on 9.3.2003 will not lead to any irregularity or illegality and the cognizance taken by the Judicial Magistrate is legally valid.