JITESH GAJARAI Vs. PRABATH MILLS PARTNERSHIP FIRM

JUDGEMENT

(1.) This Criminal Original Petition has been filed by the petitioner to quash the proceedings in S.T.C.No.1119 of 2010 on the file of the learned Judicial Magistrate No.I, Tirupur.

(2.) The petitioner is the accused in S.T.C.No.1119 of 2010 on the file of the learned Judicial Magistrate No.I, Tirupur. The respondent is the complainant. It is a private complaint preferred by the respondent under Sec. 200 Cr.P.C. for the offences punishable under Ss. 138 and 142 of the Negotiable Instruments Act, 1881.

(3.) In the complaint, the respondent alleged that they were doing business in textile and the petitioner herein purchased textile goods from them on 24/9/2009 for a sum of Rs.7,76,500.00; on 25/9/2009 for a sum of Rs.8,76,338.00; and on 6/10/2009 for a sum of Rs.7,64,862.00 for his business on credit. It is further alleged in the complaint that the petitioner has issued three post dated cheques for Rs.7,76,500.00 on 13/11/2009; Rs.8,76,338.00 on 8/11/2009; and Rs.7,64,862.00 on 5/12/2009 in his favour for the discharge of the said liability. The said three cheques were dishonoured by the bank when presented for collection. Thereafter, the respondent issued notice dtd. 21/1/2010 calling upon the petitioner to pay the amount. The accused sent a reply denying his liability. Thereafter, the present complaint has been filed by the complainant. The learned Magistrate has taken the complaint on file and issued summons.