MOHAMMED HANEEF Vs. SHANKARRAJ

JUDGEMENT

(1.) The petitions are filed seeking a direction to call for the records in C.C. Nos. 437, 438, 439 and 440 of 2009 on the file of the learned Judicial Magistrate, Ambattur.

(2.) The Respondent has initiated proceedings under Section 138 and 142 of Negotiable Instruments before the learned Judicial Magistrate Court, Ambattur against the Petitioner. In the complaint, it is alleged that the Petitioner has taken a sum of Rs. 35,00,000/- assuring an admission for a post graduate course in M.S. Ortho for the Respondent's son Dr. S. Manivannan. Since he did not obtain any admission, he is liable to pay the amount.

(3.) It is further submitted that the Petitioner executed promissory notes dated 8.3.2009 and also issued four cheques dated 26.3.2009 each for Rs. 7,50,000/-. He also assured the complainant that he will pay the amount within sixty days. Since the amount was not paid, the cheques were presented by the complainant in his bank on 5.9.2009 and the cheques were dishonoured by the Petitioner's banker on 7.9.2009. The complainant issued a statutory notice on 23.9.2009 demanding repayment within fifteen days which was received by the Petitioner who also sent a reply on 30.9.2009. Since the demand made in the notice was not complied with, the Respondent has initiated the above said proceedings. The learned Magistrate had also taken cognizance of the offence.