Janarthanam, J. - One R.M. Sundaram drew a cheque dated 12.7.1989 for a sum of Rs. 15,000/- in favour of one C.M. Ramraj towards discharge of the dues by him in connection with the business transaction he had. The cheque so drawn had been presented by C.M. Ramraj through his Bank for collection on 26.12.1989 and the cheque so presented was stated to have been returned on 2.1.1990, as unpaid due to insufficiency of funds to the credit of R.M. Sundaram.

2. C.M. Ramraj in turn caused a lawyer's notice to be sent to him on 9.1.1990, giving him time for 15 days requiring the amount to be paid to him. The notice so issued was returned with the postal endorsement as 'not found'. No further notice had been issued.

3. However, a complaint had been launched by C.M. Ramraj as against R.M. Sundaram for alleged offences under section 138 of the Negotiable Instruments Act (for shori 'the act'), which was taken on file as C.C. No. 120/1990 on the file of the Judicial Magistrate No. VII, Coimbatore.

4. On receipt of process, accused R.M. Sundaram entered appearance through a counsel of his choice and before over the trial commenced, he came forward with the present action invoking the inherent