PARIVEL Vs. C PARIVALLAL

JUDGEMENT

(1.) The petitioner who is an accused in C.C.No.144 of 2014, filed by the respondent for the offence under Section 138 of the Negotiable Instruments Act, 1881, before the learned Judicial Magistrate No.III, Puducherry, has filed this quash petition.

(2.) For the sake of convenience, the petitioner and the respondent are referred by their ranks in the lower Court.

(3.) The gist of the case is that the complainant was in the real estate business and the accused is a close friend of the complainant. During December 2013 and January 2014, the accused had requested the complainant for urgent cash loan to meet his family expenses. The complainant gave a sum of Rs.5 lakhs on various dates during this period. The accused in discharge of his liability of loan amount of Rs.5 lakhs, gave post dated cheque vide cheque No.815357, dated 07.07.2014 for an amount of Rs.5 lakhs, drawn on Indian Bank, 100 Feet Road, Pondicherry Branch. The complainant presented the cheque with his bank namely HDFC, 100 Feet Road, Ellaipillaichavady, Puducherry on 07.07.2014 for encashment, the same was returned with an endorsement "Refer to Drawer and Present Again" with bank memo dated 08.07.2014. Thereafter, the complainant informed the accused about the dishonour of cheque. The accused requested the complainant to present the cheque one week thereafter and promised the cheque would be duly honoured. Accordingly, on 18.07.2014, the cheque was presented again for encashment. This time also, the cheque was not honoured and returned with an endorsement "Refer to Drawer and Present Again", vide bank memo dated 18.07.2014. Thereafter, the complainant sent a legal notice dated 07.08.2014 which was received by the accused on 12.08.2014. The accused neither made any payment nor sent any reply. Therefore, the complainant filed a case before the concerned Court. The accused appeared in this case, received the copies and thereafter, the complainant filed his proof affidavit and documents along with Exs.P1 to P6 on 22.05.2016.