K K SESHIEN Vs. S R SUNDAR

JUDGEMENT

(1.) CHALLENGE in this Criminal Appeal is to the judgment dated 13/1/2004 passed in Summary Trial Case No. 291 of 2003 by the Judicial Magistrate No. I, Madurai.

(2.) THE appellant herein as complainant has lodged the complaint in question under Section 138 r/w. 142 of the Negotiable Instruments Act, wherein the present respondent has been shown as the accused. The complaint filed by the appellant/complainant has been taken on file in Summary Trial Case No. 291 of 2003 on the file of the Judicial Magistrate Court No. I, Madurai.

(3.) IT is stated in the complaint that the respondent/accused has been running a business under the name and style of "m/s. Sri Chakra Agencies". The wife of the respondent/accused has been lending her assistance to the business of the respondent/accused. The respondent/accused has used to receive money from the appellant/complainant for his business. On 10/8/1997, he has received Rs. 65,000/- from the appellant/complainant and to that effect, he has given a cheque bearing No. 581425. On 9/9/1997, he has received another sum of Rs. 10,000/- from the appellant/complainant and to that effect, he has given a cheque bearing No. 581424. The respondent/accused has not discharged his liability. The appellant/complainant has tried to present the cheques in question in the concerned Bank. But the respondent/accused has requested the appellant/complainant to present the cheques next month. The respondent/accused has made correction in the cheques in question with regard to dates. On 10/11/1987, the appellant/complainant has tried to present the cheques for collection and at that time, the respondent/accused has given a cheque for a sum of Rs. 4,630/ -. Since the respondent/accused has failed to discharge his liability, the appellant/complainant has presented all the cheques for collection. But the concerned Bank has returned the same stating "funds insufficient". The appellant/complainant has sent a statutory notice on 28/2/1988. On 3/3/1988, the respondent/accused has received the same. Since the respondent/accused has committed offence under section 138 r/w. 142 of the Negotiable Instruments Act, the present complaint has been filed.