G. ABIRAMI Vs. KALPANA SREERAMULU

JUDGEMENT

(1.) This petition has been filed to setaside the order passed by the Judicial Magistrate, Arani, Thiruvannamalai District in C.C.S.R. No. 2466 of 2019 dtd. 31/12/2019.

(2.) The learned counsel for the petitioner has submitted that the respondent borrowed a sum of Rs.8.00 lakhs from the petitioner and to discharge the said debt, she issued four cheques each of Rs.2.00 lakhs. He further submitted that the petitioner has presented the said cheques before the State Bank of India, Ambattur, Industrial Estate Branch, Chennai on 20/8/2019. But, the cheques were returned as "payment stopped by the drawer". He further submitted that again the petitioner has presented the cheques at the request of the respondent, on 10/10/2019 before the same Bank and at that time also, the cheques were returned and thereafter, the petitioner has issued statutory notice. He further submitted that since the petitioner is having permanent residence at No. 46, Pillaiyar Koil Street, Vilai Nesal Post, Nesal, Arani Taluk, Thiruvannamalai District and she is having account with State of Bank of India, Arani Branch, the petitioner filed a complaint before the Judicial Magistrate, Arani, but, the learned Judicial Magistrate, Arani has returned the said complaint by the order dtd. 31/12/2019 stating that since the collection Bank is at Ambattur, the complaint is returned for filing before the jurisdictional Court. He further submitted that as per Sec. 142 of the Negotiable Instruments Act, since the petitioner is having Bank account at Arani also, it has to be presumed that the said cheque was presented before the said Bank. Hence, he prayed that the order passed by the Judicial Magistrate, Arani may be setaside and to direct the said Magistrate to entertain the said complaint and dispose of the same in accordance with law.

(3.) Sec. 142 (2) of the Negotiable Instruments Act reads as follows: