K. MARIAPPAN Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) This Writ Petition has been filed in the nature of Certiorari questioning the orders in D.O.812/2016, C.No.G2/20171/2016 dtd. 15/11/2016 passed by the 2nd respondent and the consequential order in Na.Ka.No.G2/20171/2016 dtd. 17/11/2016 on the file of the 2nd respondent and to set aside all the orders.

(2.) The petitioner had joined the Department of Police in the year 1985 as a constable and from 1989 onwards he was working as Special Branch Constable and in the year 2005, he was promoted as Head Constable. He was then given promotion as Special Sub-Inspector of Police in the year 2012. He was then posted at District Special Branch at Krishnagiri. On 22/2/2016, he was posted as Special Sub-Inspector of Police, at Thali Police Station. He worked between the years 1989 and 2016 with the Denkanikottai Circle of the Tamilnadu Police Department.

(3.) He was then issued with a notice by one Periyasamy, who alleged that the petitioner and his wife Vanaja had issued a cheque for a sum of Rs.15,00,000.00, which was returned for want of sufficient funds. Thereafter, further proceedings were initiated by the said Periyasamy who had initiated C.C.No.121 of 2014 under Sec. 138 of the Negotiable Instruments Act, before the Fast Track Judicial Magistrate Level, Dharmapuri. After the conclusion of trial, the petitioner and his wife had been convicted to undergo one year imprisonment apart from payment of compensation of twice the amount of cheque namely, Rs.15,00,000.00 each to the accused. A total compensation of Rs.30,00,000.00 was imposed by the learned Judicial Magistrate.