KANCHANA KAMALANATHAN Vs. NAGARAJ

JUDGEMENT

(1.) The accused in C.C.No.15 of 1993 on the file of the Chief Judicial Magistrate, Krishnagiri, has filed this petition under Sec.482 of Cr1. P.C., praying to call for the records in the above case and quash the same.

(2.) Short facts are: The respondent has filed a complaint against the petitioner for an offence under Sec. 138 of the Negotiable Instruments Act (hereinafter referred to as the Act) and the allegations in it are briefly as follows:

(3.) As per the request made by the accused the complainant paid Rs.15,000/- on 15.4.1992, as a loan to the accused. The complainant demanded this amount from the accused in June, 1992. There-upon the accused issued a cheque for Rs.15,000/- on 16.6.1992 in favour of the complainant. The complainant presented the cheque on 24.6.1992 for collection. It had been returned dishonourerd for he reason not arranged for and property not marked by Bank Memo dated 24.6.1992. The complainant informed the accused about the above fact on 15.11.1992. The complainant met the accused and requested to pay the above loan amount in cash and take back the cheque. The accused asked the complainant to preset the cheque and assured that she will make arrangements to honour the cheque. Accordingly the complainant presented the cheque dated 16.6.1992 on 17.11.1992 for collection. But this time also the cheque had been returned dishonoured with the endorsement not arranged for and property not marked by memo dated 17.11.1992. The complainant issued a notice on 4.12.1992 to the accused calling upon him to repay the amount in cash along with collection charges. The accused had received the notice on 5.12.1992. The accused had not paid the amount. Hence the complaint.