G VALAPPAN Vs. S MADHAVAN PILLAI

JUDGEMENT

(1.) The above criminal original petition has been filed under Section 482 of the Code of Criminal Procedure praying to call for the records in STC.No.1622/2003 pending on the file of the Court of Judicial Magistrate No.II, Nagercoil, Kanyakumari District and quash the same as illegal.

(2.) On a perusal of the materials placed on record and upon hearing the learned counsel for the petitioner, it comes to be known that the respondent herein has filed a complaint in S.T.C.No.1622 of 2003 on the file of the Court of Judicial Magistrate No.II, Nagercoil for the alleged offence punishable under Section 138 r/w.142 of the Negotiable Instruments Act thereby alleging that the cheque issued by the petitioner herein for a sum of Rs.91,000/= got dishonoured due to insufficiency of funds.

(3.) In this backdrop, the petitioner has come forward to file the above Criminal Original Petition praying to quash the said criminal proceedings on ground that in the notice dated 7.7.2000 issued by the respondent, there is a demand of amount more than what has been mentioned in the dishonoured cheque.