T GIRI Vs. Y S MATHIVANAN

JUDGEMENT

(1.) The petitioner has come forward with the instant Criminal Original Petition is to call for records in C.C. No. 287 of 2000, pending on the file of the Judicial Magistrate No. I, Erode, and quash the same.

(2.) This Criminal Original Petition has arisen in this way :- The respondent Y. S. Mathivanan filed a private complaint under Section 200 of the Code of Criminal Procedure alleging that one Jayalakshmi was the President of Sri Amman Trust, that the trust was running educational institutions like schools and colleges, that for the purpose of running the institutions, for and on behalf of Sri Amman Trust, Jayalakshmi borrowed Rs.30,00,000/- from the respondent, who is a financier on 6-4-2000 and issued two post-dated cheques bearing Nos. 046133 for Rs. 20,00,000/-, 046134 for Rs. 10,00,000/-. The cheques were dated 12-4-2000. The respondent/complainant sent the cheques for collection to the bank on 12-4-2000, but they were returned on the same date with an endorsement "funds insufficient". The respondent/complainant issued statutory notice to the accused demanding payment on 12-4-2000. The second accused Jayalakshmi received the notice on 15-4-2000 and sent a reply. The other accused, namely, the petitioners herein, have not sent any reply at all. Since no amount was forthcoming after expiry of the statutory period, the respondent Y.S. Mathivanan preferred the private complaint, which the learned Judicial Magistrate took cognizance in C.C. No. 287 of 2000.

(3.) Now, the petitioners seek to quash the proceedings on the following grounds :-