FARIDA SULAIMAN Vs. P. VIJAYAKUMAR

JUDGEMENT

(1.) This Criminal Original Petition has been filed by the petitioner to quash the proceedings in C.C.No.70 of 2009 on the file of the learned II Additional District Munsiff, Pondicherry.

(2.) The petitioner is the accused in C.C.No.70 of 2009 on the file of the learned II Additional District Munsiff, Pondicherry. 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 the petitioner herein borrowed a sum of Rs.75,000.00 from him on 20/7/2006 for her business and family expenses and agreed to repay the same by 20/10/2006. It is further alleged in the complaint that the petitioner has issued cheque in question for Rs.75,000.00 on 20/10/2006 in his favour for the discharge of the said debt. The cheque was dishonoured by the bank when presented for collection. Thereafter, the respondent issued notice dtd. 1/12/2006 calling upon the petitioner to pay the amount. The petitioner sent a reply denying her liability. Thereafter, the present complaint has been filed by the complainant. The learned Magistrate has taken the complaint on file and issued summons.