NAGAPPAN Vs. K.KANDASAMY

JUDGEMENT

(1.) This Criminal Revision has been preferred challenging the judgment and order dated 14.08.2012 passed by the III Additional District and Sessions Court, Salem in Crl.A.No.103 of 2011 confirming the judgment of Judicial Magistrate No.2, Sankari in S.T.C.No.828 of 2008 dated 20.10.2011.

(2.) For the sake of convenience, the parties will be referred to as complainant and accused.

(3.) It is the case of the complainant that he is doing business in textiles and the accused used to purchase materials from him. During the course of such business transaction, on 08.02.2008, the accused purchased goods worth Rs.2,00,000/- and gave a cheque for Rs.50,000/- dated 08.02.2008 (Ex.P1). When the complainant started demanding payment, on 15.04.2008, the accused gave three cheques for Rs.50,000/- each, (Exs.P2, P3 and P4). The complaint presented all the four cheques (Exs.P1, P2, P3 and P4) on 15.04.2008 and the cheques were returned unpaid with the endorsement 'insufficient funds' vide return memo dated 16.04.2008 (Exs.P7, P8, P9 and P10). Therefore, the complainant issued a statutory demand notice on 02.05.2008 (Ex.P5), which was received by the accused on 09.05.2008 vide postal acknowledgment card (Ex.P6). Since the accused did not comply with the demand, the complainant initiated a prosecution in S.T.C.No.828 of 2008 before the Judicial Magistrate II, Sankari under Section 138 of the Negotiable Instruments Act, 1881 against the accused.