BALASUBBA NAIDU Vs. BALKRISHNA NAICKER

JUDGEMENT

(1.) This Criminal Original Petition has been filed to call for the records and quash the complaint in CC.No.25 of 2005 on the file of the learned District Munsif cum Judicial Magistrate, Thirukallukundram as against the petitioner herein.

(2.) The case of the prosecution is that the respondent had filed a complaint under Section 138 of Negotiable Instruments Act before the learned District Munsif cum Judicial Magistrate, Thirukallukundram in C.C.No.25 of 2005 against the accused 1 and 2 viz., Tirupathiah and Chennappa Naidu in respect of dishonour of a cheque dated 31.10.1997 bearing No.423515 for a sum of Rs.3,00,000/-. The above said cheque was alleged to have been issued by accused 1 and 2 to discharge the liability arising out of a sale transaction, where the respondent/ complainant had sold a land to the company in which the accused 1 and 2 are concerned. The cheque was presented for collection by the respondent was returned by the 1st accused bankers on 18.04.1998 as "Funds insufficient". Thereafter, the respondent/ complainant is alleged to have issued statutory notice dated 23.04.1998 to the accused 1 and 2 to pay the cheque amount. The said notice was received by the 1st accused and the notice sent to the 2nd accused was returned as "Not found". The respondent/complainant had filed a case before the learned District Munsif cum Judicial Magistrate, Thirukallukundram in CC.No.134 of 1998 which was re-numbered as CC.No.25 of 2005. The 1st accused had entered appearance in the said case before the trial court and as against the 2nd accused NBW is pending.

(3.) While such being the case, after the lapse of several years the respondent/ complainant had taken out an application in Crl.M.P.No.1419 of 2009 before the learned District Munsif cum Judicial Magistrate, Thirukallukundram under Section 319(1) and (4), 156 Cr.P.C r/w.138A of the Negotiable Instruments Act for impleading the petitioner herein as 3rd accused in C.C.No.25 of 2005. Without issuing notice and without assigning any reason the impleading petition filed by the respondent was allowed on 17.08.2009 and thereafter, the trial court issued notice to the petitioner. Challenging the said complaint, the present petition has been filed.