S KIRAN Vs. L C CORPORATION

JUDGEMENT

(1.) THE accused in C. C. 9502/89 on the file of VII Metropolitan magistrate, George Town, Madras has filed this petition under Section 482 Cr. PC. , praying to call for the records in the above case and quash the same.

(2.) SHORT facts are: The respondent has filed a private complaint against the petitioner for offence under Section 138 Negotiable Instruments Act (which I shall hereinafter refer to as 'the Act' ). The allegations in it are briefly as follows: the complainant sold and delivered goods to the accused during October to december 1988. After giving credit to the various part payments made by the accused, a sum of Rs. 59,363. 16 Ps. and interest was found due. In respect of the debt, the accused issued five cheques, totalling to Rs. 60,684. 16 Ps. when the said cheques were presented for encashment, they were returned dishonoured and thereafter once again at the request and the assurance given by the accused, the complainant presented it for encashment. Then again, the cheques were returned with remarks "refer to drawer". The Complainant received the intimation of the return on 5. 10. 89 and 13. 10. 89. The complainant issued lawyer's notice on 16. 10. 1989 to the accused, calling upon her to pay the amount within 15 days from the date of receipt of the notice. The accused knowingly and purposely did not receive the notice by looking the premises so as to avoid receipt of the notice. The amount due was neither paid. Hence the complaint.

(3.) MR. R. P. Suryaprakasam, the learned Counsel appearing for the petitioner, would submit that;