S. VARADHARAJAN Vs. G. RAJAVELU

JUDGEMENT

(1.) SEEKING to quash the complaint in S.T.C. No. 951 of 2012 on the file of learned Judicial Magistrate -cum - Fast Track Court No. I, Madurai, the petitioner has filed the present Petition.

(2.) HEARD both sides.

(3.) RESISTING the same, the learned counsel for the respondent would submit that even though a complaint has been filed under Section 200 Cr.P.C., for the offence punishable under Section 138 of Negotiable Instruments Act, once issuance of cheque has been admitted, the petitioner/accused is entitled to invoke presumption under Section 139 of Negotiable Instruments Act. Further, as soon as summons has been received, the petitioner appeared and received the complaint and other materials and P.W.1 has been examined and a part of the cheque amount i.e., Rs. 2,25,000/ - has been paid and hence, he is estopped from questioning the postponement of issuance of process and non -compliance of the provision under Section 202 Cr.P.C. Hence, he prayed for dismissal of this petition.