C N HARIKRISHNAN Vs. KINETIC FINANCE LIMITED

JUDGEMENT

(1.) The accused in C.C.No.4530/2002 on the file of the IX Metropolitan Magistrate Court, Saidapet, Chennai, has filed this petition, to quash the proceedings against him, alleging that there was no proper and valid notice, before initiating criminal proceedings, that on the date mentioned in the notice, no cheque was issued by him and therefore, he was not in a position to honour the demand, that the notice said to have been issued, before the prosecution, is not signed by the counsel. On these grounds, according to the petitioner, the further proceedings in the criminal case, are unwarranted and therefore, he should be relieved from facing the unnecessary ordeal of the trial.

(2.) The respondent herein as complainant filed a private complaint against the petitioner, arraying him as an accused, for appropriate punishment under Section 138 of the Negotiable Instrument Act. It is the case of the prosecution, that the accused/petitioner, in order to repay the amount borrowed, along with interest, in equal monthly instalments, issued 12 cheques and one of which is the cheque dated 15.12.2001 for a sum of Rs.2000/-, that when this cheque was tendered for collection, the same was returned without honouring, as payment was stopped by the drawer, and that despite the notice and its acknowledgment, the accused failed to pay the amount and therefore, he should be dealt with accordingly.

(3.) The learned counsel for the petitioner/accused submits that the accused had not issued the cheque dated 15.12.2002, as mentioned in the notice and therefore, the non payment of the amount for the said cheque, would not attract the penal provisions of Section 138 of N.I.Act.