AROKIANATHAN Vs. ANANDHA PHARMACY, REPRESENTED BY ITS PROPRIETOR

JUDGEMENT

(1.) This appeal is directed against the judgment in C.A.No.11 of 2005, dated 19.10.2004 on the file of the learned Principal Sessions Judge, Puducherry, wherein the conviction and sentence passed against the respondent by the learned Judicial Magistrate No.II, Puducherry, in S.T.R.No.11481 of 2000 is set aside.

(2.) The facts of the case is as follows:

(3.) On 12.10.1999, when the cheque was presented for collection by the respondent in his bank (Syndicate Bank, Pondicherry), it was returned as unpaid by mentioning the reason ''insufficient funds". For which memo had been issued by bank. So the respondent issued a statutory notice on 16.10.1999, demanding to pay the cheque amount within fifteen days. After receiving the statutory notice on 21.10.1999, the respondent issued a reply notice denying the allegation levelled against him. Thereafter, the appellant approached the learned Judicial Magistrate No.II, Pondicherry for initiating action against the respondent and prayed to convict the respondent for the offences punishable under Section 138 of Negotiable Instruments Act.