GRK CIVIL SUPPLIES Vs. BALASUNDARAM

JUDGEMENT

(1.) This Criminal Original Petition has been filed to set-aside the order dated 18-12-2018 C.M.P.No.1018 of 2016 in C.C.No.401 of 2010 on the file of the Judicial Magistrate I, Chengalpattu.

(2.) For the sake of convenience the parties will be referred as the complainant and the accused. It is the case of the complainant that he is doing granite stone, jelly business; that he supplied materials to the accused in the year 2009 to a tune of Rs. 2,82,220/-; that the accused received the materials but did not make payment; that when the complainant started pestering the accused to make payments, the accused made part payment by way of cheque and cash; that the accused agreed to pay Rs. 1,79,723/-; that on 20.01.2010 the accused executed a Letter of Undertaking in the presence of two witnesses agreeing to pay Rs. 1,79,723/- ; that the accused gave a cheque dated 03.04.2010 for Rs. 2,00,000/- towards the balance amount including interest and transport charges; that the complainant presented the cheque on 10.05.2010 and the cheque was dishonoured for insufficiency of funds; that the complainant issued a statutory notice dated 10.08.2010 to the accused but the accused did not receive the statutory notice; that the complainant had no other alternative but to file the present complaint for the offences under section 138 of the Negotiable Instruments Act. The complaint was taken on file as C.C. No. 401 of 2010 by the Judicial Magistrate No.1, Chengalpattu. The accused appeared before the Magistrate and contested the case. During cross examination of the complainant, the accused marked a notice dated 05.04.2010 issued through his Advocate to the Complainant. In the said notice, the accused has stated as follows:-

(3.) The complainant filed counter affidavit. The trial court by order dated 18.12.2017 in Crl. M.P. No.1018/2016 in C.C. No. 401 of 2010 has dismissed the petition. Challenging which the accused is before this Court.