C. PREMKUMAR Vs. B. CHAMUNDEESWARI

JUDGEMENT

(1.) This Criminal Original petition has been filed under Sec. 482 Cr.P.C. seeking for to call for the records in C.C. No. 4965 of 2014 pending on the file of III Fast Track Court, Saidapet, Chennai and quash the complaint filed under Sec. 138 of N.I. Act pending against the petitioner.

(2.) The case of the petitioner is that the respondent had filed a case against the petitioner for the offence punishable under Sec. 138 of the Negotiable Instrument Act. The de-facto complainant was working under the 1st petitioner's company as an employee. As there was a due of salary to be paid to the defacto-complainant and for the said arrears of salary, one Saravanan, 2nd accused, had issued a Post Dated Cheque for an amount of Rs. 7,28,000.00 drawn on Oriental Bank of Commerce, Pondy Bazar, T. Nagar, Chennai-600017 and the same was presented before the State Bank of India, Balaji Nagar, Chennai, on 7.2.2014 and the said cheque was returned with remarks of "Funds insufficient" on 9.2.2014. In spite of the said cheque being returned, the petitioner herein has not paid the aforesaid amount. Hence, the defacto-complainant filed a petition in C.C. No. 4965 of 2014 under Sec. 138 of N.I. Act, before the XVII Metropolitan Magistrate, Saidapet, Chennai against the petitioner. In the meanwhile, the case has been transferred to the III Fast Track Court, Saidapet, Chennai. after establishment of the Fast Track Court. In view of the aforesaid complaint against the petitioner, the petitioner herein has filed the present Criminal Original Petition to call for the records in C.C. No. 4965 of 2014 pending on the file of III FTC, Saidapet, Chennai and quash the same.

(3.) The learned counsel for the petitioner would submit that the said cheque was in the name of VT Education, wherein the case was filed against the VT Man Power Agency. Hence, the petitioner has not issued the said cheque and had no role played in the transaction with the defacto-complainant/respondent herein.