PALANIMURUGAN SAGO FACTORY Vs. S VARADHARAJAN

JUDGEMENT

(1.) In both these petitions, the petitioners are the same, while the respondents are different. Both petitions arise out of cases filed against the petitioners alleging offences under Section 138 of Negotiable Instruments Act. Both these petitions are supported by affidavits filed by the third petitioner which informs as follows:

(2.) I submit that I had financial transaction with one K. Jayamaharaja of Ammampalayam village during the period 2000-2002. He collected three blank cheque leaves of Lakshmi Vilas Bank, Attur bearing No. 0081248, 0081249 and 0081250 signed by me for prompt re-payment of the hand loan extended by him during the year 2000. I have repaid the entire hand loan amount and interest thereon due to him by January 2002. Thereafter, I have no transaction with him. However, he has not returned those three cheque leaves to me. As he was busy with his daughter's marriage when I have repaid the loan amount during January 2002, he avoided return of the three blank cheque leaves bearing No. 0081248, 0081249 and 0081250 on some pretext or other. Even after the marriage of his eldest daughter was over, he did not return the cheque leaves. When I have insisted the return of the said cheque leaves, he said that they were misplaced by him and he would trace out and hand it over the same as early as possible. Considering our family relationship with his family, I have not further insisted him to return the cheque leaves nor asked for any receipt for repayment of the loan.

(3.) I submit that there was some misunderstanding developed between my family and that of K. Jayamaharaja during the year 2005 in the context of marriage of her second daughter - Devi with one Arunkumar. He believed that my husband and I have facilitated the love marriage of his second daughter with Arunkumar. As a result of this misunderstanding, we are not in talking terms with K. Jayamaharaja and his family. Due to the strained relationship, he wanted to wreck vengeance with us. Three blank cheque leaves of mine left with him come in handy for him to wreck vengeance and harass us.