SARAVANAN Vs. S N SUNDARAM

JUDGEMENT

(1.) The petitioner approaches this Court with a prayer to call for the records in connection with the case in C.C. No. 476 of 2009 on the file of the learned Judicial Magistrate No. 1, Dindigul and quash the same.

(2.) The learned counsel appearing for the petitioner would submit that in the private complaint filed by the respondent, it is alleged that the petitioner had borrowed a sum of Rs. 1,50,000/- from the respondent on 15.12.2009 for his urgent financial needs and given a cheque for the said amount bearing No. 868385 drawn on Indian Bank, Dindigul Branch and promised to repay the said amount within a period of 3 months, since he has not been repaid the amount, the respondent has represented the cheque for collection on 15.05.2009, but the same was returned as "funds insufficient' and thereafter, the respondent has issued statutory notice to the petitioner on 11.06.2009 demanding the amount of Rs. 15,00,000/- instead of Rs. 1,50,000/- and subsequently, the respondent issued a re-joinder notice stating that there is typographical mistake in mentioning the amount and the petitioner has to pay a sum of Rs. 1,50,000/- and then, the petitioner has also sent reply denying his liability and thereafter, the respondent has preferred the complaint for the offence under Section 138 of Negotiable Instrument Act, for which, the petitioner has come forward with the present petition to quash the said complaint.

(3.) Even though, notice has been served to the respondent, he has not appeared before this Court either himself or through counsel.