S K GANESAN Vs. N K KANDASAMY

JUDGEMENT

(1.) The above Criminal Original Petitions have been filed praying to call for the records in C.C.No.420 and 421 of 2002 pending on the file of the Court of Judicial Magistrage, Tiruchengode, and quash the same.

(2.) Today, when the above matters came up for admission, in the presence of the learned counsel for the petitioner, this Court went into the fact whether any prima facie case is put up on the part of the petitioner when the learned counsel would submit that the respondent Exports did not pay for the goods as agreed upon by them, but cheated him, as a result of which, he was not able to meet the liabilities incurred by himself in the said business transaction maintained between himself and the respondent; that his hardship went up to the extent of the insolvency proceedings initiated against him in I.P.No.18 of 2002 which is pending before this Court and in spite of such hardships, the respondent filed two criminal cases respectively in C.C.Nos.420 and 421 of 2002 both for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 on account of the dishonour of two cheques for insufficiency of funds.

(3.) So far as Crl.O.P.No.3583 of 2003 is concerned, the petitioner would submit that the respondent should have filed the complaint on or before 18.4.2000, but on the contrary, the complaint was presented on 30.03.2000 and was not re-presented within the period of limitation and hence the same has become time barred.