D RAMAMOORTHY Vs. K J DURAISAMY

JUDGEMENT

(1.) The petitioner in this action is the accused in C.C. No. 381 of 1993 before judicial Magistrate No. III, Erode, which had been taken on file on the launching of a prosecution in the shape of preference of a complaint by the respondent, for the alleged offence under Section 138 of the Negotiable Instruments Act, 1881 (Act No. 26 of 1881) (hereinafter referred to as the Act).

(2.) (a) It appears that the petitioner- accused issued a cheque dated 20.8.92 for a specified sum of money towards discharge of a debt to the respondent-complainant. When the cheque so issued had been presented for encashment on 21.8.92, the same had been returned unpaid on the same date, for want of funds. Again the said cheque appears to have been represented on 19.10.92 for encashment and on the same day, the cheque had been returned unpaid for want of funds.

(3.) On receipt of process, the petitioner-accused resorted to the present action under Section 482 of the Code of Criminal Procedure to quash the criminal proceedings initiated against him in the aforesaid calendar case. He also filed Cr1. M.P. No. 9223 and 1993 praying for stay of all further proceedings in the said calendar case, and this Court on 16.12.93, passed an order as below: Interim stay for six weeks and notice returnable by then. The interim stay so granted had been extended, time and again, for specified periods and ultimately on 28.3.94, the interim stay granted had been extended until further orders.