N.C.VENKATESAN Vs. S.THANIKACHALAM

JUDGEMENT

(1.) As both the complainant as well as the accused in both the cases are the same and the cheques in question bearing consecutive numbers and the allegations raised in the complaints and the grounds on which the quashment of the criminal proceedings sought for herein and controversy in issue in both the cases are also one and the same, both the petitions are disposed of by common order.

(2.) Both the criminal original petitions are arising out of the complaints in CC.Nos.134 and 135 of 2007, which are the private complaints filed by the respondent herein for proceeding against the petitioner herein for the offence punishable under Section 138 of the Negotiable Instruments Act.

(3.) Both the complaints proceed as if the accused purchased landed property measuring 1.44 acres comprised in survey no.723, at No.21 Villangadupakkam Village, within the limit of Ambattur Taluk, Thiruvallur District under two separate sale deeds dated 17.5.2006 and the accused agreed by an undertaking to pay Rs.10 lakhs for the above transaction and issued cheques in question bearing Nos. 914486 and 914487 on 17.5.2006 to the complainant. When the same were presented for collection on 17.8.2006, they were returned dishonoured for want of sufficient funds and the same was intimated to the accused through statutory notice and the same was replied with false particulars and on the failure of the accused to repay the amount, the cause of action arose for filing the present complaints.