C PRABHU Vs. SANGAM CORPORATION BANGALORE

JUDGEMENT

(1.) THESE petitions are filed under S. 482 of the Criminal Procedure Code for quashing the proceedings in Criminal Cases Nos. 27176 and 27177 of 2000 on the file of the XIV Additional Chief Metropolitan Magistrate, Bangalore.

(2.) THE brief facts giving rise to the present petitions are as follows : The respondent-Corporation has filed private complaints under S. 200, Cr. P. C. against the petitioner for an offence under S. 138 of the Negotiable Instruments Act on the ground that the petitioner had borrowed certain amounts from the complainant and in this regard towards the repayment of the same he had issued two cheques one dated 15-2-2000 for Rs. 1,60,000/- and the other dated 22-2-2000 for Rs. 1,52,200/- - drawn on Indian Overseas Bank, Malleswaram, Bangalore. It is alleged that when the cheques were presented for collection the same were returned with endorsements "insufficient fund". It is contended that in spite of issuing legal notices as required by the law which came to be returned with endorsements from the Postal Department "not claimed - return to sender". Thereafter, another notice also sent which was received by the petitioner, but, as no payment was made the present private complaints filed to take action and punish as per law.

(3.) ON presentation of the complainants the learned Magistrate took cognizance of the offence and registered the cases in PCR Nos. 693/2000 and 696/2000. After recording the sworn statements of the complainant, the learned Magistrate ordered issue of process to the accused/petitioner.