2.This case has arisen out of a private complaint made on the allegations that the complainant is a manufacturer and marketer of soaps, detergents and Agarbathis. The accused, who is the retailer in the same business, was having business transaction with the complainant. In the course of such transactions, the accused had outstanding amounts and had issued cheques for discharging the same. Three cheques bearing Nos.804179, 804182 and 804180 dated 30.11.2000, 13.12.2000 and 30.11.2000 for a sum of Rs.30,000/-, Rs.25,000/- and Rs.25,000/was drawn on Canara Bank, Nasiyanoor Branch, was presented by the respondent for collection through the Corporation Bank, Kelly's Branch, Chennai. The said cheques were returned on 02.06.2001 with the endorsements “Exceeds Arrangement & Stale Cheque”, “Exceeds arrangement” and “Exceeds Arrangement & Stale Cheque” respectively. After issuing statutory pre-suit notice and complying with the legal mandates, the complainant has filed the complaint against the accused for committing the offence under Section 138 of the Negotiable Instruments Act as amended by the Act 66 of 1988. The case was taken on file by the learned Metropolitan Magistrate, Fast Track Court No.I at Egmore, Chennai, in C.C.No.8187 of 2001 and the trial was conducted.
