V. TAMILARASAN Vs. M.RAVI

JUDGEMENT

(1.) This petition has been filed to quash the proceedings in S.T.C.No.753 of 2019 on the file of the learned Judicial Magistrate No.l, Krishnagiri, thereby take cognizance for the offence under Section 138 of Negotiable Instruments Act.

(2.) The respondent/complainant lodged a complaint for the offence under Section 138 of Negotiable Instruments Act against the petitioner alleging that the petitioner had issued a cheque to discharge his legally enforceable liability. When the said cheque was presented for encashment, it was returned for the reason 'in-sufficient funds'. Thereafter, the de-facto complainant caused legal notice as contemplated under Section 138 of Negotiable Instruments Act. Though the petitioner sent a reply to the notice, he did not settle the amount as demanded by the de-facto complainant. Hence, he lodged a complaint and the same has been taken cognizance in STC No.753 of 2019 on the file of the Judicial Magistrate No.I, Krishnagiri.

(3.) The learned Counsel for the petitioner has submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the defacto complainant. He would further submit that the petitioner's 14 cheques were misplaced and one among the 14 cheques was utilized by the de-facto complainant for registering the false case under Section 138 of Negotiable Instruments Act against the petitioner. Therefore, the defacto complainant caused statutory notice and filed a complaint and the same has been taken cognizance in S.T.C.No.753 of 2019 on the file of the learned Judicial Magistrate No.l, Krishnagiri.