A. INBARAJ AND ORS. Vs. DINAKARAN

JUDGEMENT

(1.) HEARD both sides.

(2.) THE petitioners have come forward with the present petition seeking to quash the proceedings in C.C. No.546 of 2008 on the file of learned Judicial Magistrate No. 1, Dindigul, which was taken on file, pursuant to the case registered in Crime No. 550 of 2007 for the offences punishable under Sections 406 and 420 IPC, stating that the defacto complainant has given a complaint on 10.07.2007 stating that on 10.07.2006 the petitioners came to his house and obtained signature in six blank cheques and two blank promissory notes under threat and the second petitioner herein has presented one of the cheques for encashment and it was returned as 'insufficient fund' and on 12.01.2007, he issued a statutory notice and after receipt of the summons only, the respondent herein lodged the complaint in question on 10.07.2007. It is further submitted that the second petitioner herein has also filed a private complaint in S.T.C. No.1446 of 2007 for the offence punishable under Section 138 of the Negotiable Instruments Act, which was ended in conviction before the learned Judicial Magistrate No. 1, Tiruppur, against which, the respondent preferred an appeal in C.A. No.279 of 2008 before the learned Additional District and Sessions Judge -cum - Fast Track Court No.V, Coimbatore at Tiruppur, which was allowed and the conviction and sentence were set aside and the matter was remitted back to the Trial Court, where it was ended in acquittal on 09.06.2009.

(3.) DURING arguments, the learned counsel for the petitioners would submit that the third petitioner herein is no more and he died during pendency of the proceedings and as such, the petition deserves to be dismissed as against the third petitioner herein.