K.K.D. PANDIAN Vs. S. TAMILSELVI

JUDGEMENT

(1.) This Criminal Appeal has been filed by the Appellant to set aside the Judgment, dtd. 10/1/2020 made in S.T.C. No.10 of 2017 on the file of the Judicial Magistrate Court (FTC) at Theni.

(2.) The Complainant filed a Complaint with the following averments: The Accused promised the Complainant to get Permit for running Bus between Yenam and Rajamundry. He demanded Rs.1,10,00,000..00 The Complainant paid Rs.40,00,000.00 on 8/1/2011 to the Accused and her husband and second installment of Rs.25,00,000.00 was given on 15/1/2011. The Accused involved Ex-Chief Minister of Pondicherry stating that unless the balance amount is paid, Permit cannot be issued. So the third installment of Rs.45,00,000.00 was also given. In spite of receipt of the money, the Accused was evading. The above said act of the Accused was informed to the then Chief Minister of Pondicherry through Letter. In the meantime, there was change of Government in Pondicherry. The Accused were hiding. Lastly in the year 2016 June month, they were found. At that time they promised to return Rs.1,05,00,000..00 Rs.10,00,000.00 was paid in cash. Through banking transaction Rs.5,00,000.00 was paid. For the balance amount the Accused issued three Cheques bearing Nos. 179235, 179236 & 179237, dtd. 1/7/2016, 7/7/2016 and 15/7/2016 drawn on Indian Bank, Pondicherry and requested the Complainant not to take Criminal action. Those Cheques were received by the Complainant on 12/4/2016. They promised to honour the Cheque on presentation for payment.

(3.) The Complainant presented the Cheque on 26/8/2016, came to be returned on 29/8/2016 due to insufficient fund. Complaint was given to the District Superintendent of Police, on 12/9/2016. On knowing about the Complaint, the Accused promised the Complainant to honour the Cheque for Rs.40,00,000.00 and asked to present the same for payment on 13/10/2016. Believing the words. the Complainant presented the Cheque bearing No. 179237 on 13/10/2016. Again it came to be returned due to insufficient funds. At that time, the Complainant came to know that the Accused are indulging in cheating. So he filed Crl.O.P.(MD) No.18586 of 2016 seeking direction to the Inspector of Police, Theni, to enquire the Complaint. Direction was issued to enquire the Complaint. Later the Accused and her husband filed Petition seeking Anticipatory Bail. The Status Report was filed by the Inspector of Police, in pursuance of the Complaint given by the Complainant. During the course of investigation by the Inspector of Police, it was concluded that the Accused did not intend to cheat the Complainant, since he has issued the Cheques. Later after completing the Statutory formalities, he filed the present Complaint.