R. KALAIYARASI Vs. C. JAYAPAL

JUDGEMENT

(1.) The present appeal has been filed challenging the order passed by the learned Judicial Magistrate, Thiruchengode in C.C. No. 619 of 2004 dated 08.09.2009.

(2.) The facts leading to the filing of the present Appeal is that the respondent has borrowed a sum of Rs. 1,75,000/- from the appellant on 21.05.2004 at Alambalayam for his urgent business expenses and in order to discharge the said liability, the accused had issued a post dated cheque bearing No. 219367 dated 21.06.2004 drawn on Laxmi Vilas Bank Limited, Olappalayam on the same day. The cheque was presented for collection through the State Bank of India, Pallipalayam Branch on 21.06.2004. However, the same was returned as unpaid on 23.06.2004 with a return memo endorsed as"Account closed" as per the return memo of the Laxmi Vilas Bank Limited, Olappalayam Branch. Despite assuring the appellant that the cheque issued would be honoured on presentation, the respondent had defrauded the appellant and has committed an offence punishable under section 138 of the Negotiable Instruments Act and Section 420 of I.P.C.

(3.) The appellant has issued a registered legal notice through his counsel on 16.07.2004 calling upon him to make payments within 15 days from the date of receipt of the notice. The said notice was received by the respondent on 21.07.2004 and a reply to the said notice was given by the respondent on 01.08.2004. Dissatisfied with the said reply, the appellant has filed a complaint before the learned Judicial Magistrate, Thiruchengode in C. C. No. 619 of 2004 seeking the Court to take cognizance of the offence against the accused under section 138 of the Negotiable Instruments Act read with Section 420 of I.P.C.