K SELVARAJ Vs. G VENKATACHALAM

JUDGEMENT

(1.) The petitioner approaches this Court with a prayer to call for the records and quash the complaint filed against the petitioner in C.C.No.455 of 2006 on the file of the Judicial Magistrate Court Palani Dindigul District.

(2.) The learned counsel appearing for the petitioner would submit that the petitioner is an accused in C.C.No.455 of 2006 on the file of the Judicial Magistrate Court Palani and there was no transaction between the petitioner and the respondent and he had borrowed Rs. 200000/- from one Balusamy; on demand the petitioner handed over the signed and unfilled promissory note duly affixing signature on the revenue stamp and also gave an unfilled and undated cheque of Indian Overseas Bank Oddanchatram Branch as security; later the petitioner had repaid the amount but the petitioner had received a summon from the Judicial Magistrate Court Palani in C.C.No.455 of 2005 on the complaint filed by the respondent herein which was filed under Section 138 of Negotiable Instrument Act; the respondent has not filed any document to show that he paid a sum of Rs. 200000/- to the petitioner hence the petitioner has forward with the application to quash the criminal proceedings against him stating that there was no transaction between the petitioner and respondent and there is no subsisting liability and hence he prayed for the allowing of the petition.

(3.) The learned counsel appearing for the respondent would contend that the petitioner has borrowed a sum of Rs. 200000/- from the respondent and he gave a cheque dated 13.02.2006; since the petitioner has not repaid the amount the respondent presented the said cheque on 11.07.2006 to the Indian Overseas Bank Oddanchatram which was returned for the reason of insufficient funds and hence he issued a notice to the petitioner whereas he refused to receive one notice and received another notice; since the petitioner neither repaid the amount nor sent any reply the respondent herein has filed a private complaint before the Judicial Magistrate Palani against the petitioner herein for the offence under Section 138 of Negotiable Instrument Act and hence he prayed for the dismissal of the application.