J MURALI Vs. P RAVICHANDRAN

JUDGEMENT

(1.) This Criminal Appeal has been directed against the judgment passed in Criminal Appeal No.4 of 2006 by the Additional District and Sessions Court/Fast Track Court, Thirupathur, wherein, the conviction and sentence passed in Calendar Case No.220 of 2003 by the Judicial Magistrate No.I, Thirupathur are reversed.

(2.) The appellant herein, as complainant, has filed the complaint, in question, under Sec.138 read with 142 of Negotiable Instruments Act 1881, wherein, the present respondent has been shown as sole accused.

(3.) It is averred in the complaint that the accused has received a sum of Rs.5,00,000/- from the complainant and in order to discharge the same, he has given a cheque, in question, on 10.03.2003 and the same has been presented in the concerned bank and the concerned bank has returned the same stating that "funds insufficient" and subsequently on 11.7.2003, a notice has been issued and ever after the receipt of the notice, the accused has failed to discharge his liability and under such circumstances, the present complaint is filed for getting the relief sought for.