J.JOSE VICTOR KESARI Vs. P.M.SAMINATHAN

JUDGEMENT

(1.) This appeal has been preferred against the Judgment in S.T.C.No.2488 of 2007 on the file of the Judicial Magistrate No.II, Nagercoi.

(2.) The appellant as the complainant had preferred a private complaint under Section 200 of Cr.P.C. for an offence under Section 138 of the Negotiable Instrument Act, 1881, against the accused stating that the accused, after borrowing Rs.2,50,000/- for his personal need, had issued a cheque dated 20.04.2007 bearing number 238164 drawn on the Karur Vysya Bank Limited, Muthurangam Street, Erode-638 001, in favour of the complainant, in order to discharge the above said subsisting debt. When the complainant had presented the said cheque for collection through the complainant's banker ie., Tamilnadu Mercantile Bank Limited., Nagercoil Branch, the said cheque was returned with an endorsement that there is no sufficient fund in the account of the accused. On 17.05.2007, a notice was issued by the complainant to the accused informing about the dishonour of the impugned cheque. But the accused has not received the notice and it was returned with an endorsement 'UNCLAMIED'. Hence, the complaint.

(3.) The learned Judicial Magistrate had issued non bailable warrant for securing the accused, since he has failed to appear before the trial Court inspite of the receipt of the summons. While non bailable warrant against the accused was pending for execution, by order dated 19.09.2008, the learned Magistrate, after taking cognizance of the complaint in S.T.C.No.2488 of 2007 dismissed the case on the ground that the complainant was not present. However, the appellant was directed to pay process fee. Challenging the said order passed by the learned Magistrate No.II, Nagercoil, the complainant has filed the present appeal before this Court.