KISHORE Vs. ARUL JOTHI

JUDGEMENT

(1.) This Criminal Original Petition has been filed to call for the records in S.T.C. No. 533 of 2016 on the file of the learned District Munsif cum Judicial Magistrate, Neyveli and quash the same insofar as the petitioner is concerned.

(2.) According to the petitioner he had placed an order with the respondent company seeking for supply of lignite powder. When the material was supplied, it was found that the same was sub standard and thereafter on 03.05.2016 the petitioner had requested the respondent not to present the cheque until the material was replaced.

(3.) It is the case of the petitioner that inspite of specific instructions, the respondent has presented the cheque and consequently initiated proceedings under section 138 of the Negotiable Instruments Act. Challenging the same the present petition has been filed.