RAMARAJ Vs. RAJESH KUMAR T S

JUDGEMENT

(1.) This petition is filed under Section 482 Cr.P.C to quash Annexure I complaint in C.C.141 of 2011 of the Chief Judicial Magistrate Court, Alappuzha for offence punishable under Section 138 of N.I.Act by invoking the inherent jurisdiction. Petitioner is the accused in the above case, and the complaint was filed by the first respondent in Chief Judicial Magistrate Court, Alappuzha. Petitioner contended that prima facie case is not made out and hence trial of the petitioner is a mere abuse of the process of court.

(2.) The first respondent's case before trial court was that petitioner handed over a cheque dated 25.4.2000 to the 1st respondent for Rs.8 lakhs drawn on IOB Tower Branch, Chennai and when it was presented for encashment through IDBI Bank, Alappuzha, it was dishonoured for the reason " payment stopped". After getting the dishonour memo, he issued a lawyer notice and after the receipt of lawyer notice, there was no repayment. In the circumstance, he filed Annexure A1 complaint before Chief Judicial Magistrate, Alappuzha. Hence petitioner approached this court with this petition.

(3.) Learned counsel appearing for the petitioner contended that there is no valid notice as per Section 138 (b) of N.I.Act. When there is no demand for payment of said amount made by giving a notice in writing to the drawer of the cheque, as contemplated under Section 138 (b) of the N.I.Act, no prosecution will lie. If the trial is proceeded, it is a mere abuse of process of court.