P VADIVEL Vs. K ARUNA; K KIRUBAKARAN

JUDGEMENT

(1.) This Criminal Appeal has been directed against the order dated 09.04.2007 passed in C.C.No.258 of 2004 by the Judicial Magistrate No.1, Salem.

(2.) The appellant herein as complainant has filed a complaint under Section 138 of the Negotiable Instruments Act, 1881, wherein, the present respondents have been shown as accused.

(3.) It is averred in the petition that on 13.03.2003, both the accused have received a sum of Rs.4,50,000/- by way of debt from the complainant and to that effect, they executed a Pronote. On 17.11.2003, the total amount comes to Rs.4,86,000/-. In order to discharge their liability, they have issued a cheque for a sum of Rs.4,50,000/- to be drawn in favour of ICICI Bank, Chevapettai and the same has been presented, but it has been returned as "funds insufficient" and subsequently on 21.11.2003, a legal notice has been issued to the accused, but the same has been returned as "unserved". Since the accused have committed offence punishable under Section 138 of the Negotiable Instruments Act, 1881, the present complaint has been filed for getting the relief sought for therein.