T P CHANDRAN Vs. M K SATHYANANDAN

JUDGEMENT

(1.) This Criminal Miscellaneous Case has been directed against C. C. No. 993/94 on the file of the Judicial First Class Magistrate Court - I, Kannur dated 5.12.1994.

(2.) The respondent filed a complaint against the petitioner under S.138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the Act'). This petition is filed to quash the complaint and to acquit the petitioner.

(3.) The complaint is that the accused issued cheque bearing No. NSEAG 120458 dated 21.7.1994 for Rs. 1,20,000/- payable at Canara Bank, South Bazar, Kannur towards the debt due to the complainant. It is alleged in the complaint that the cheque was presented for encashment, but the same was returned with an endorsement "cheque reported stolen". It is also alleged in the complaint that he has issued a lawyer notice intimating the accused that the cheque has been dishonoured. He had called upon the accused to pay the said amount. The accused did not respond to the notice. The learned Magistrate has taken cognizance of the offence under S.138 of the Act. The petitioner seeks an order quashing the complaint.