V M SUGUMAR Vs. P RENUGADEVI

JUDGEMENT

(1.) THE above criminal original petition has been filed by the accused in C. C. No. 26 of 2003 on the file of the Judicial Magistrate No. 1, Thiruvannamalai to quash the proceedings in C. C. No. 26 of 2003. Though the respondent has been served she is neither appearing in-person nor through counsel.

(2.) THE respondent herein filed a complaint under Section 138 of the Negotiable Instruments Act (hereinafter referred to as "the Act") alleging that the petitioner herein borrowed a sum of Rs. 50,000/- in the second week of September 2002, promising to repay the same within a fortnight. To discharge the said loan the petitioner herein issued a cheque, dated 01. 10. 2002, for a sum of Rs. 50,000/- drawn on the Tamil Nadu Mercantile Bank and when the said cheque was presented for encashment the same was returned. A notice of demand was sent for which the petitioner sent a reply containing several allegations and in particular the allegation that the respondent's husband when he was at the petitioner's office had stolen some cheque leaves of the petitioner and when he was questioned by the petitioner he denied the allegation and believing the words of the respondent's husband the petitioner did not take any steps, but taking advantage of the stolen cheque leaves, the respondent had issued the notice. Since the petitioner failed to pay the amount due under the dishonoured cheque, after complying with all the legal requirements the respondent herein filed the complaint which was taken on file.

(3.) IN the quash petition the petitioner is seeking to quash the proceedings on the ground that although the petitioner is ready to pay the entire amount of Rs. 50,000/- to the respondent, the respondent is not co-operating with the petitioner; the respondent is intending to make unjust enrichment by way of using Section 138 of the Act by claiming double the amount of compensation. Except the above said grounds no other grounds have been raised in the quash petition.