B PARI Vs. R MURALI

JUDGEMENT

(1.) The above Criminal Original Petition has been filed under Section 482 of Cr.P.C. to call for the records and quash the proceedings in C.C. No. 152 of 2002 on the file of the Judicial Magistrate No. II, Cud- dalore.

(2.) The allegation of the complainant/respondent is that the first petitioner, who is the partner of the second petitioner, had issued three cheques for a total sum of Rs. 2,50,000/- to the respondent; that the cheques presented in the bank by the respondent were returned with an endorsement "Exceeds arrangement"; that further they were re-presented on 4-3-2002 in the Indian overseas Bank, Manjakuppam Branch, Cuddalore-1, but in vain; and hence the complaint.

(3.) On the other hand, the petitioners submit that the respondent issued a legal notice to the petitioners, who in turn, questioned that having paid Rs. 2,00,000/- out of Rs. 2,50,000/- the legal notice should not have been issued to them; that the respondent asked the petitioner to take it easy since it was sent by some of their staff due to oversight and insisted them to pay the balance amount of Rs. 50,000/-; that believing the words of the complainant, they did not take the legal notice seriously; and that he failed to reply the same.