M. KANDAN Vs. P. MURUGESAN

JUDGEMENT

(1.) This petition has been filed to quash the proceedings in C.C.No.3683 of 2019 on the file of the learned Metropolitan Magistrate Fast Track Court -II, Egmore, Chennai, thereby taken cognizance for the offences under Sec. 138 of the Negotiable Instrument Act (herein after referred to as 'NI Act') as against this petitioner.

(2.) The learned counsel for the petitioner would submitted that the petitioner is an accused on the complaint lodged by the respondent for an offence under Sec. 138 of the NI Act. He further submitted that there is absolutely no prima facie case made out by the respondent to take cognizance for an offence under Sec. 138 of the NI Act. He would further submitted that while examining PW1, he marked pronote dtd. 2/6/2018 as Exhibit No.1 in which one Nandakumar was attested as witnesses in the said document. Therefore it is very clear that the said Nandakumar colluded with the complainant and he handed over the promissory note which was illegally collected from the petitioner and filed the case for an offences under Sec. 138 of the NI Act. He further submitted that in the reply notice dtd. 24/9/2018, the petitioner categorically denied all the allegations made as against the petitioner herein. Therefore he sought for quash of entire proceedings initiated by the respondent for punishable under Sec. 138 of the NI Act.

(3.) Heard Mr.A.Saranraj learned counsel appearing for the petitioner and there is no representation for the respondent.