K.THYAGARAJAN, Vs. A.GULZAR AHMED

JUDGEMENT

(1.) No representation for the appellant as well as the respondent.

(2.) This Appeal is directed against the judgment of the Lower Appellate Court reversing finding of the trial Court. The private complaint filed by the appellant herein ended in conviction. Challenging the same, the respondent herein preferred appeal before the 1st Additional Sessions Judge, City Civil Court, Chennai. It was allowed. Aggrieved by the same, the complainant is before this Court.

(3.) The brief facts as found in the complaint is that the accused and the complainant are known to each other. The complainant is running a wholesale business in fabrics, for the past 10 years. The accused used to supply fabrics on receipt of advance payment. While so, the accused after receiving a total sum of Rs.32,00,000/- had supplied fabrics for only Rs.25,10,000/-, for the balance Rs.6,90,000/- he gave the cheque dated 02.02.2004, drawn from his account. On presentation, the said cheque was returned with "insufficient fund". Hence, the statutory notice was issued on 19.02.2004 calling upon the accused to pay the cheque amount. Since, he refused to pay the cheque amount and denied the liability through reply notice dated 05.03.2004, the complaint under Section 138 of Negotiable Instrument Act has been filed alleging the cheque issued to discharge the liability not honoured.