SAGAYA AROCKIYA RAJ Vs. GANESH KUMAR

JUDGEMENT

(1.) The petitioner / accused has filed the quash petition, seeking to quash STC No.794 of 2012 filed by the respondent herein pending on the file of learned Judicial Magistrate, Dindigul. Brief Facts:

(2.) The accused approached the respondent for a loan of Rs.6 lakhs on 15.04.2012 for the marriage expenses of his sister. The respondent paid a sum of Rs.6 lakhs. The accused was not able to repay the amount within the agreed period of three months and therefore, he issued a cheque drawn on ICICI Bank, Dindigul dated 22.09.2012. When the cheque was presented for collection to the Central Bank of India on 25.09.2012, the cheque was returned with endorsement insufficient funds . Thereafter, the respondent issued a notice through his counsel on 29.09.2012, demanding payment of the amount covered under the cheque. After receipt of the notice, accused / petitioner sent a reply denying the receipt of the cheque amount and also alleged that the respondent has no source to lend such huge money. The petitioner / accused failed to pay the amount within fifteen days after the receipt of the notice, as prescribed under Sec. 138(c) of the N.I. Act and therefore, complaint was filed on 11.10.2012 and it has been taken on file in STC No.794 of 2012.

(3.) According to the respondent, in order to evade payment, covered under the dishonored cheque, this quash petition has been filed with false allegation.