MANIVANNAN Vs. P. R. ADHIKESAVAN

JUDGEMENT

(1.) CRIMINAL Original Petition No. 2326 of 2007 is filed seeking quashment of the entire criminal proceedings in CC No. 44 of 2003 and Crl. OP No. 2327 of 2003 is filed seeking quashment of the criminal proceedings in CC No. 382 of 2002 on the file of the learned Judicial Magistrate I, Poonamallee.

(2.) THE petitioners face the charges under S.410, 411, 414, 415, 420 and 425 of the Indian Penal Code along with other accused in CC No. 382 of 2002. The petitioners are also facing a case under S.138 of the Negotiable Instruments Act in CC No. 44 of 2003.

(3.) THE further case of the respondent is that the petitioner herein who figure as A1 and A2, in both the case originally tendered three cheques and a demand draft even during the month of August, 2001. Those three cheques returned dishonoured on presentation by the respondent. But, the respondent did encash the demand draft given by the petitioners for a sum of Rs.17,500/- and appropriated the same towards the tools kept ill the vehicle. The petitioners, having not paid the price of the car which was sold away, coolly left three cheques just before laying the private complaint which ultimately culminated in CC No. 382 of 2002. Those three cheques given by the petitioners were returned dishonoured on presentation for payment and therefore, the respondent was constrained to file the criminal complaint which culminated in CC No. 44 of 2003.