M RAVIKUMAR Vs. A ARUL

JUDGEMENT

(1.) THIS petition has been filed to call for the records pertaining to C. C. No. 143 of 2007, pending on the file of Judicial Magistrate No. II, Poonamallee, and quash the same.

(2.) PETITIONER is accused in the said calendar case. Respondent lodged a complaint under Section 138 read with 142 of The Negotiable Instruments Act with the said Court, on the strength of a cheque, allegedly delivered by the petitioner. After fulfilment of legal formalities as to issuance of notices, the respondent filed the complaint, since the cheque was dishonoured on the ground "funds insufficient".

(3.) IN the complaint, it is stated that since the complainant was suffering from viral fever and was taking treatment, having been advised to take bed rest, there was a delay of three days in filing the complaint. The complaint was accompanied by a medical certificate to that effect, but, the list of documents in the complaint does not show the presence of the said medical certificate. The complaint was signed by the complainant and the docket order of the Court, dated 28. 02. 2007, goes to the effect "complainant present; his sworn statement and proof affidavit recorded; prima facie offence under Section 138 NI Act made out. Issue fresh summons to accused on payment of process fee. Call on 04. 04. 2007. "