S. KRISHNAMOORTHY Vs. CHELLAMMAL

JUDGEMENT

(1.) This appeal is directed against order dated 5.8.2009, passed by the High Court of Judicature at Madras, in Criminal O.P. No. 7989 of 2009 whereby said petition was allowed, and criminal proceedings initiated against Respondent Chellammal relating to offence punishable Under Section 138 of Negotiable Instruments Act, 1881 (for short "the Act") are quashed by the High Court, exercising the powers Under Section 482 of the Code of Criminal Procedure, 1973 (for short "the Code").

(2.) Heard learned Counsel for the Appellant. None appeared on behalf of the Respondent, though served.

(3.) Brief facts of the case are that Respondent Chellammal borrowed a sum of Rs. 2,20,000/- from Appellant S. Krishnamoorthy on 1.3.2007, and issued a post-dated (8.3.2007) cheque towards repayment of the loan. However, when the cheque was presented before the Bankers on 8.3.2007, the same was returned unpaid on the ground of insufficiency of funds. Consequently, a notice dated 17.3.2007 was sent by the Appellant to the Respondent demanding payment of the loan. Said notice was received by the Respondent on 22.3.2007. But, instead of making the payment, she sent reply dated 5.4.2007 falsely alleging that her father and son-in-law had borrowed loan of Rs. 2,00,000/- from the Appellant, and the Respondent stood only surety to said transaction. Consequently, criminal complaint (C.C. No. 120 of 2007) was filed by the Appellant before the Judicial Magistrate, Dharapuram, for prosecution of Respondent Chellammal in respect of offence punishable Under Section 138 of the Act.