R JAYALAKSHMI Vs. RASHIDA

JUDGEMENT

(1.) These petitions coming on for orders on Thursday the 1st day of August, 1991 upon perusing the petition and the respective affidavits filed in support thereof and upon hearing the arguments of Mr. V. K. Sridhatan, Advocate for the petitioner, in all the petitions and of Mr. Ashok Menon, Advocate for the Respondent in all the petitions and having stood over for consideration till this day, the Court made the following Order: The accused in C.C. 1481 of 1991 to C.C. 1484 of 1991 on the file of judicial Magistrate No. II, Poonamallee, has filed these petitions, under Section 482 Criminal Procedure Code, praying to call for the records in the aforesaid cases and quash the same.

(2.) The respondent in Cr1. O.P. No. 2778/91 had filed the private complaint in c.c. No. 1481/ 91 against the petitioner, arraying her as the accused for offence under Section 138, Negotiable Instruments Act. The allegations in it are briefly as follows: The accused had dealings with the complainant. She had issued a cheque, dated 20.8.1990 for Rs. 60,550.18 for the goods purchased by her on 5.7:1990 from the complainant. The complainant presented the cheque on 15.9.1990 for encashment. She was informed by communication, dated 18.9.1990 by her bank that the cheque was returned unpaid with an endorsement refer to drawerT and payment countermanded by the drawer. The accused did not have funds in the bank. On account of the same, the cheque was returned. The accused had intentionally issued the cheque to defraud the complainant without having sufficient funds. She sent notice, dated 20.9.1990 to the accused giving notice of dishonour and demanding payment. The accused has not chosen to comply with the demand of the complainant. The allegations in the reply sent by the accused that the goods were defective is false. The accused had not paid the amount within the period of 15 days. Hence the complaint.

(3.) In Cr1. O.P. 2779 of 1991, the respondent has filed the private complaint against the petitioner for offence under Section 138, Negotiable Instruments Act, in C.C. 1482/91 on the similar allegations with regard to the cheque, dated 20.9.1990 for Rs. 48,833.75 which when presented for encashment was returned with an endorsement refer to drawer and payment countermanded by the drawer. After giving the statutory notice and non-payment of the amount, that complaint has been laid. In Cr1. O.P. 2780/91, the respondent has filed the private complaint against the petitioner in C.C. 1483191 for offence under Section 138, Negotiable Instruments Act on simililr allegations. In respect of the cheque, dated 25.8.1990 for Rs. 27,763.10. In Cr1. O.P. 2781/9 I, the respondent has filed the private complaint in C.C. 1484/91 against the petitioner for offence under Section 138, Negotiable Instruments Act on similar allegations, in respect of the cheque, dated 15.9.1990 for Rs. 44,488.72.