S DHANAKODI Vs. A S DWARAGAN

JUDGEMENT

(1.) 1. Dhanakodi, the petitioner herein has filed this petition under section 482, Cr.P.C. seeking to quash the proceedings under section 138 of the Negotiable Instruments Act (hereinafter referred to as "the Act") arising out of private complaint filed by A.S. Dwaragan, the respondent herein.

(2.) LEARNED counsel for the petitioner, though raised several grounds in the application fired under section 482, Cr.P.C., would argue the petition mainly on the following two grounds;-

(3.) AFTER taking cognizance, learned Magistrate issued process to the accused/ who in turn filed an application on 27.1.2000 before the learned XXIII Metropolitan Magistrate, Saidapet requesting for dropping the proceedings by raising various contentions. AFTER hearing learned counsel for the parties, learned Magistrate ultimately dismissed the petition holding that there is no ground made out to drop the proceedings by an order dt.2.6.2000. Thereafter, the petitioner filed this application under section 482, Cr.P.C. on 27.7.2000 before the Court seeking for quashing of the proceeding.