V VENKATACHARI Vs. P SUBBIAH

JUDGEMENT

(1.) THE accused in C. C. No. 25l of 1992 on the file of Judicial magistrate in C. C. No. 251 of 1992 on the file of the Judicial magistrate No. II, Nagercoil, has filed this petition under Sec. 482, Crl. P. C. , praying to call for the records in the said case and quash the same.

(2.) SHORT facts are: The respondent has filed a private complaint against the petitioner for offence under Sec. 138, negotiable Instruments Act. The allegations in it are briefly as follows: The accused was cahsier-cum-clerk, Canara Bank, nagercoil. He was transferred to Canara Bank. Theppakulam Branch, Trichy. At that time, he requested the complainant to deposit some amount in Theppakulam Branch. The complainant gave Rs. 50,000 for investing it in the name of his son at theppakulam Branch, Trichy. But the accused did not invest the amount. On insistence of the complainant'the accused issued cheque dated 1. 7. 1992 for Rs. 50,000 and promised the complainant to dear of the amount on the date on which the cheque is to be presented. The complainant presented the cheque for encashment and it was returned with an endorsement' 'insufficiency of money' '. The complaisant issued notice on 19. 8. 1992. The accused received it, but had not sent any reply. Hence, the complaint.