K S SUBBARAMAN Vs. IYYAMMAL

JUDGEMENT

(1.) The conviction under Section 138 of the Negotiable Instruments Act in C.C. No. 99 of 1994 on the file of learned Judicial Magistrate, Palani, thereby sentenced to undergo imprisonment till the rising of the Court and to pay a fine of Rs. 3,000/-, in default to undergo R.I. for six weeks, is the subject-matter of the challenge in this Revision filed by the petitioner.

(2.) One Iyyammal, the respondent herein, filed a complaint against K. S. Subburaman of Madurai Chits and Investments (P) Limited, Ottanchatram, the petitioner herein, alleging that the cheque issued in favour of the complainant by the petitioner towards the discharge of the balance chit amount to be paid, was dishonoured and that despite the notice, the cheque amount was not paid by the petitioner. Originally, the complaint was filed against the petitioner, the Managing Director of the Company and his wife Pavanthai, the Director of the said Company. The trial Court acquitted the second accused holding that there was no material to hold that the said Director was in charge and responsible for the affairs of the Company. However, the petitioner was convicted as referred to above holding that the offence was proved against him. Hence, this Revision.

(3.) Mr. Natarajan, though raised several points, would, at the end, confine himself with the points given below :-