R MARIMUTHU Vs. P PALANIAMMAL

JUDGEMENT

(1.) THE accused in C. C. No. 556 of 2001 on the file of the Judicial Magistrate No. I Court, Pondicherry has filed this Criminal Original Petition under Section 482 of Criminal Procedure Code to quash the entire proceedings in the said case.

(2.) THE respondent/complainant filed the private complaint on 6. 12. 2001 which was taken on file in C. C. No. 556 of 2001 under Sections 138 and 142 of Negotiable Instruments Act. In the complaint it is stated that two cheques, viz. , bearing No. 036125 dated 10. 4. 2001 for Rs. 5,000/- and another cheque bearing No. 036126 dated 15. 4. 2001 for Rs. 9,195/- drawn on Karur Vysia Bank Ltd. , Chennai Branch and issued by the accused to the complainant for the amount payable, were dishonoured when presented for collection and returned on 21. 5. 2001 due to "insufficiency of Funds". Hence, the complainant approached the accused, for which the accused advised to present the cheques for collection at the end of July, 2001. The complainant again presented the said two cheques for collection on 30. 7. 2001 and the same were also returned on 10. 8. 2001 with a memo "refer to Drawer". Hence the complainant after causing lawyer notice dated 21. 8. 2001, has filed the complaint, which was taken on file as C. C. No. 556 of 2001 on the file of the Judicial Magistrate No. I Court, Pondicherry.

(3.) THIS Criminal Original Petition is filed by the accused disputing the liability and stating that both the cheques were issued as a security for the cumulative deposits made by the respondent in one India Housing Finance and Development Ltd. , and this petitioner is a Director of M/s. Nutech Financial Consultants Ltd. , and it is also stated that there was no debt or amount or liability payable by the petitioner. It is further stated that the complaint was filed after causing second notice dated 21. 8. 2001 and before such notice, the complainant also sent lawyer notice on 24. 5. 2001 and therefore, no new cause of action had arisen to prefer the complaint on the basis of the second notice dated 21. 8. 2001. Hence, this Criminal Original Petition is filed to quash the proceedings in C. C. No. 556 of 2001 on the file of the Judicial Magistrate No. I Court, Pondicherry.