M SENTHILKUMAR Vs. SEVEN SEAS SHIPPING SERVICES

JUDGEMENT

(1.) THE petitioner herein, who is the sole accused for an offence punishable under S. 138 of the Negotiable Instruments act, in S. T. C. No. 2457 of 2005, on the file of judicial Magistrate-II, Tirupur, seeks to quash the aforesaid proceedings pending against him.

(2.) THE following points have been agitated by the learned counsel for the appellant for the purpose of quashing the proceedings.

(3.) PER contra, learned counsel appearing for the respondent/complainant submits that the correctness and authenticity of the document may have to be examined only during the course of trial and, if necessary, oral and documentary evidence may be adduced by both the parties. Merely on presumption, issues involving factual aspects cannot be decided one way or other.