KALAVALLY Vs. PARTHASARATHY

JUDGEMENT

(1.) THE petitioner in the above Criminal Revision is the accused in C. C. No. 261 of 2004 on the file of the learned Judicial Magistrate No. 1, tiruvallur and the respondent herein is the complainant therein.

(2.) THE petitioner faced trial for an offence under Section 138 of the Negotiable instruments Act (hereinafter referred to as 'act')and he was found guilty and sentenced to undergo imprisonment till the rising of the court and to pay a fine of Rs. 5,000/- in default to undergo S. I. for one month and further directed to pay a sum of Rs. 3,29,000/-being the cheque amount, as compensation to the complainant/respondent herein.

(3.) THE case of the complainant/ respondent herein is that the accused/petitioner herein was due Rs. 3,29,000 to the complainant in business transaction, when the respondent demanded the payment, the petitioner issued the cheque bearing No. 743152, dated 8. 3. 2004 drawn on Indian overseas Bank, Nazarathpettai, poonamallee for a sum of Rs. 3,29,000/- ; the cheque was presented for encashment on 11. 3. 2004; the same was returned unpaid with the endorsement "excess arrangement" on 15. 3. 2004; the respondent sent a legal notice, dated 29. 3. 2004 to the petitioner; though notice was received by the petitioner, neither there was any reply nor the cheque amount was paid and thereby, the petitioner has committed an offence punishable under Section 138 of the Act.