P.CHANDRASEKAR Vs. S. MARICHAMY

JUDGEMENT

(1.) This petition is filed to quash the private complaint filed under Sec. 138 of Negotiable Instruments Act, which was taken on file in C.C.No.190 of 2016 by the District Munsif cum Judicial Magistrate, Aundipatti. The complaint against the petitioner is in respect of 5 cheques issued by him for total sum of Rs.1,26,000.00, the trial court has taken cognizance of the aforesaid complaint and has caused notice.

(2.) This petition is filed by the accused for quashing the private complaint on the ground that the cheques were not issued for any illegal enforceable debt. The complaint was filed after expiry of limitation. The discrepancy regarding the quantum of money borrowed and the cheques issued would go to the root of the complaint and therefore, the same has to be quashed.

(3.) When the matter came up for admission, this Court granted stay of further proceedings on condition the petitioner deposits a sum of Rs.1,04,000.00 on or before 23/1/2017 failing which Criminal Original Petition will be dismissed automatically without further reference. However, when the matter was adjourned on subsequent dates, the learned counsel appearing for the petitioner could not furnish the details about the compliance of the conditional order. When the matter was taken up lastly on 10/12/2021, the learned counsel for the petitioner sought time to verify regarding the compliance of the condition. Today, when the matter is taken up for hearing, the learned counsel for the petitioner would submit that he has no instruction from his client regarding the compliance of the conditional order passed by this Court.