(Appeal filed under Section 256 Cr.P.C. against the Judgment in C.C.No.24/1995 on the file of the Judicial Magistrate No.I, Gobichettipalayam)

The complainant, in C.C.No.24/1995 on the file of Judicial Magistrate No.I, Gobichettipalayam is the appellant.

2. The appellant preferred a private complaint against the respondent/accused, seeking appropriate punishment for the alleged offences, under Sec.138 of Negotiable Instruments Act and Sec.420 I.P.C, alleging that the respondent, who had dealings with the complainant, has to pay a sum of Rs.2,21,069.08, that in order to discharge the said liability, he had issued a cheque on 9.12.1994, that when the cheque was tendered for collection, the same was bounced for the reason "Exceeds arrangement", that thereafter, even despite the issue of statutory notice, failed to pay the cheque amount and that for the offences, committed under Section 138 of Negotiable Instruments Act, he is to be dealt with, according to law.

3. On the basis of the written complaint, preferred by the holder of the cheque, after recording sworn statement, the trial Court took the case on file, taking cognizance and posted the same on 15.2.1995, thereafter, a