PANDIAN TRACTORS Vs. S JEEVARATHNAKUMAR

JUDGEMENT

(1.) THIS Petition has been filed to call for the records in S.T.C. No. 1469 of 2006 on the file of the learned Judicial Magistrate No.2, Madurai and quash the same.

(2.) THE facts in nut shell absolutely necessary for the disposal of this Pe tition would run thus: The respondent herein preferred a Complaint before the learned Judicial Magistrate No.2, Madurai, for the offences punishable under Section 138 of the Negotiable Instruments Act as against the petitioners herein who have been arrayed as accused therein.

(3.) THE nitty-gritty of the case of the accused in this Petition is that the very complainant was a partner in the accused partnership; in view of the close relationship which existed previously between the petitioners and the complainant/respondent herein, when the latter asked for lending loan, the former without insisting for formality had chosen to lend loan and there upon only, the two impugned cheques came to be issued. At the time of executing those cheques, normally the respondent herein ought to have executed two promissory notes in consideration of the cheque amounts by way of securing the prompt repayment, but that was not insisted upon as a condition precedent for issuing cheques, because of the said close relationship which existed at that time. However, the complainant executed a re ceipt dated 15.05.2006 vouching the factum of he having S T P L - Dishonour of C heque Judgements 13.1 [This product is licenced to keyur, ahmedabad, ahmedabad] Pandian Tractors & Others Vs. S. Jeevarathnakumar 1076 received the two impugned cheques by way of borrowal of the loan from the accused partnership.