MEGANATHA NAIDU Vs. VISHNU

JUDGEMENT

(1.) Invoking the inherent jurisdiction of this Court under Section 482 of the Criminal Procedure Code, the petitioner has approached this Court with this petition to quash the proceedings of the case in CC No. 76 of 2010 pending on the file of the Judicial Magistrate No. l, Tirupattur, Vellore District.

(2.) The petitioner is the accused in the case in CC No. 76 of 2010. The respondent is the complainant. The respondent had filed the complaint to deal with the accused in accordance with the proviso to Section 138 of the Negotiable Instruments Act. This petition is filed by the petitioner/accused to quash the proceedings in C. C. No. 76 of 2010 on the sole ground that the issuance of the legal notice would not by itself give rise to a cause of action for filing of the criminal complaint before the learned Judicial Magistrate No. l, Tirupattur, Vellore District.

(3.) The respondent has alleged in his complaint that the petitioner had totally borrowed a sum of Rs. 49 lakhs on various dates and given an undertaking on 10. 10. 2009 that the debt would be paid back within six months time. When the amount was demanded to be repaid, the petitioner had issued a cheque bearing No. 516262 on 05. 04. 2010 for the value of Rs. 49 lakhs drawn on Bank of Baroda at Thirupathi Branch. When the said cheque was presented in the Bank for encashment, it was bounced back on 07. 04. 2010 with an endorsement Insufficiency of Funds . Hence, a legal notice was issued to the petitioner by the respondent on 13. 04. 2010 calling him for payment of the cheque amount. Since, the amount was not paid, the respondent has filed the complaint on the file of the learned Judicial Magistrate No. l, Tirupattur, Vellore District.