G THIRUGNANASAMBANDAM Vs. R SHANMUGASUNDARAM

JUDGEMENT

(1.) - The accused against whom the respondent has filed a complaint pending before the XIV Metropolitan Magistrate, Egmore, Madras at C. C. No. 21500/89 for an offence under Section 138 of the Negotiable Instruments Act, as amended by Act, 66 of 1989, has filed the present application under Section 482, cr. P. C. to quash the above proceedings.

(2.) ACCORDING to the complaint, on 13. 1. 1989 the petitioner issued a cheque, postdated to 18. 4. 1989 for a sum of Rs. 3,50,000/- drawn on the Bank of Madura Limited, annamalai Nagar Branch, Chidambaram. The allegation in the complaint is that the petitioner requested the respondent not to present the cheque before 18. 4. 1989. The respondent presented the cheque at his Bank, viz. , the Indian Bank, Egmore, Madras on 9. 9. 1989. The Indian Bank having received a communication from the Bank of madura Limited, Annamalai Nagar Branch Chidambaram, that the above cheque had been returned with an endorsement "refer to Drawer" for want to funds in the petitioner's account, communicated the same to the respondent on 19. 9. 1989.

(3.) THE Respondent on 2. 10. 1989 gave notice to the petitioner, intimating the fact of dishonouring of the cheque and requested him to arrange for payment of the amount due under the cheque. The notice was received by the petitioner on 9. 10. 1989. The petitioner did not make payment but sent a reply containing false allegation that the cheque had been obtained by coercion. Left with no option, the respondent filed the criminal complaint.