V. DEVADOSS Vs. R. KRISHNASAMY

JUDGEMENT

(1.) THE petitioner herein is the accused in the proceedings initiated under Section 138 of the Negotiable Instruments Act in C.C.No.636 of 2005 on the file of the Judicial Magistrate, Uthamapalayam and the complainant is the respondent herein.

(2.) THE respondent filed a private complaint in C.C.No.636 of 2005 on the file of the Judicial Magistrate, Uthamapalayam for the offence punishable under Section 138 r/w 142 of Negotiable Instruments Act stating that the respondent has filed a suit in O.S. No. 188 of 1995 on the file of the Subordinate Judge, Periyakulam against the petitioner herein. The respondent herein obtained a preliminary decree on 07.04.2003 for Rs. 4,58,581 25 Ps. with interest and costs. After the preliminary decree obtained by the respondent before the Trial Court, the petitioner herein and his son entered into a deed of compromise with the respondent herein on 30.03.2004 and agreed to pay a sum of Rs. 1,75,000/ - with interest at 18% on or before 30.09.2004, failing which, the respondent herein is at liberty to recover the entire preliminary decree amount; that the petitioner handed over a post -dated cheque dated 30.09.2004 bearing cheque Number 039056 for Rs. 1,75,000/ - in favour of the respondent herein drawn at Union Bank of India, Bodinayakanur Branch. Thereafter, the petitioner herein gave a demand draft dated 06.05.2004 drawn at Union Bank of India, Vandamedu for Rs. 75,000/ - in favour of the respondent herein towards part payment with a covering letter dated 06.05.2004 stating that he would pay the balance amount within the stipulated time mentioned in the agreement entered into between the parties dated 30.03.2004. But on 14.09.2004 he sent a letter thereby requesting six months' time to pay the balance amount which is contrary to the agreement dated 30.03.2004. In the said circumstance, the respondent herein sent a legal notice dated 06.11.2004 demanding to pay the entire preliminary decree amount. The petitioner having received the same on 08.11.2004 sent his reply on 09.11.2004 with frivolous and false allegations. Since the petitioner failed to comply with the recitals found in the agreement entered into between the parties dated 30.03.2004, the respondent presented the cheque dated 06.05.2004 issued by the petitioner before the Tamil Nadu Mercantile Bank Limited for collection, the same was dishonoured with an endorsement "payment stopped by the drawer". So the respondent issued legal notice to the petitioner on 10.12.2004 and the petitioner sent a reply on 20.12.2004 containing false allegations. Hence, the respondent filed a private complaint against the petitioner under Section 138 r/w 142 of Negotiable Instruments Act and the same was taken on file in C.C.No.636 of 2005 on the file of the Judicial Magistrate, Uthamapalayam.

(3.) AGGRIEVED over the same, the petitioner is invoking Section 482 of Code of Criminal Procedure to quash the said private complaint in C.C.No.636 of 2005 on the file of the Judicial Magistrate, Uthamapalayam.