VELUSAMY Vs. PP DURAISAMY

JUDGEMENT

(1.) INVOKING inherent powers of the Court, this petitioner/accused has filed this petition under Section 482, Crl.P.C. to quash the proceedings in C.C.No. 41 of 2003 on the file of the Judicial Magistrate No.II, Erode.

(2.) THE relevant facts which are necessitated for disposal of this petition could briefly be stated thus: - According to the complainant, on 1.9.2002 the petitioner/accused borrowed a sum of Rs. 3 lakhs and issued post -dated cheque for the said amount. When the complainant presented the same for collection on 19.11.2002, the Bank returned the cheque on 28.11.2002 with an endorsement of "Funds Insufficient". After issuing the legal notice dated 30.11.2002, the complainant filed the complaint before the learned Judicial Magistrate No.II, Erode on 6.1.2003. The complaint was taken on file on 8.1.2003. The petitioner/accused entered appearance and received copies on 5.6.2003. The petitioner was questioned on 10.6.2003. On 19.6.2003, the petitioner filed a petition under Section 45 of the Indian Evidence Act to send the cheque to Forensic Laboratory, Chennai and the same was dismissed after enquiry on 3.11.2003

(3.) THE matter was listed for trial on 17.12.2003. On that day, the complainant was examined as PW -1, through him Exs. P.1 to P.6 were marked, but he was not cross -examined. On 19.1.2003, the Bank Manager was examined as PW -2, through him Exs. P -7 and P -8 were marked. The Bank Manager was also not cross -examined. The petitioner was questioned under Section 313, Cr.P.C. on 21.1.2004. At the time of questioning the petitioner has merely stated that the case as "false case" and except that, no explanation was offered by him. On 9.3.2004 the petitioner filed a petition under Section 311, Cr.P.C. to cross -examine the witnesses and the same was allowed on the same day without any objection. While the matter remained at that stage, the petitioner/accused has filed this petition for quashing the trial proceedings.