S NALLAPERUMAL Vs. S KRISHNAMOORTHY

JUDGEMENT

(1.) Heard the learned counsel for the revision petitioner and the learned counsel for the respondents.

(2.) It is a case arising under Section 138 of Negotiable Instruments Act. Both the Courts below have held the revision petitioner guilty of the offences of issuance of cheque for a sum of Rs. 5,00,000/- without sufficient fund and not honouring the same despite statutory notice.

(3.) The main ground of attack made by the revision petitioner herein is that the cheque was issued in favour of one Krishnamoorthy who initially filed the complaint but later he appointed his son Kumariselvan as a power of attorney and through him, he attempted to conduct the case. That petition was objected by the revision petitioner / accused. Pending disposal of that petition, Krishnamoorthy died and thereafter, the legal heir of Krishnamoorthy namely Kumariselvan is continuing the case.