R. DASAPPAN Vs. M. THANGAVELU

JUDGEMENT

(1.) The petitioner is the accused in C.C.No.1142 of 2012 on the file of the learned Judicial Magistrate No. II, Coimbatore.

(2.) The respondent/complainant had filed a private complaint under Section 200 Cr.P.C., 1973 against the petitioner/accused for an alleged offence punishable under section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the 'NI Act') 1881.

(3.) The case of the respondent/complainant is that in pursuance of the understanding and undertaking given by the petitioner/accused, properties were sold to M/s.Saravanan Estates Private Limited, having its office at Door No. 20, Jangpura Extension, New Delhi-110 014, represented by its Director C.S.Vaithiyanathan, Son of Sankara Narayanan, on 20.02.2012 for sale consideration of Rs. 3,58,87,500/-. According to the respondent/complainant, the petitioner/accused stood as a witness and agreed to pay the balance of amount to the respondent/complainant. It is the further case of the respondent/complainant that towards the discharge of the amount due to his client, the petitioner/accused issued a cheque bearing No. 478492 and dated 30.06.2012 for a sum of Rs. 25,00,000/- drawn on M/s.Punjab National Bank, Gandhipuram, Coimbatore, to the respondent/complainant. When the cheque was presented for an encashment/realization by the complainant through his bankers viz., M/s. Tamil Nadu Mercantile Bank Limited, the same was returned for the reason "insufficient funds". Therefore, the respondent/complainant issued a statutory notice to the petitioner/accused on 17.07.2012 and the petitioner/accused sent a reply notice dated 20.07.2012 which according to the complainant contained false allegations.