K. KUMARAVEL Vs. MASILAMANI

JUDGEMENT

(1.) This Criminal Original Petition has been filed by the accused to quash the proceedings in S.T.C. No. 1501 of 2012 on the file of the Judicial Magistrate Court, Pennagaram, Dharmapuri District.

(2.) The learned Counsel for the petitioner has submitted that the respondent herein has filed a complaint stating that the petitioner herein has committed an offence under section 138 of the Negotiable Instruments Act. He further submitted that the cheque in question has been issued by the petitioner herein as mandate holder and the said fact also has been mentioned by the respondent in the statutory notice. He further submitted that, since it is the admitted case of the respondent that the petitioner herein has issued a cheque only as mandate holder, he cannot be prosecuted for the offence under section 138 of the Negotiable Instruments Act. In support of the said contention, he relied upon the following decisions:

(3.) The learned Counsel for the respondent has submitted that in the cheque issued by the petitioner herein, it is mentioned as Proprietor/Mandate holder. He further submitted that the respondent, without knowing the status of the petitioner herein as to whether he is a Proprietor or Mandate Holder, has issued a statutory notice, stating that the petitioner herein is the Mandate Holder, however, in the said notice, he has clearly stated that the petitioner herein only has borrowed the amount of Rs. 5,00,000/- (Rupees Five Lakhs only) from the respondent herein. He further submitted that in the complaint also, it is clearly stated that the petitioner herein has borrowed a sum of Rs. 5,00,000/- (Rupees Five Lakhs only) for development of Sri. Bagavathi Amman Cotton Mills and he has issued a Cheque for Rs. 5,00,000/- (Rupees Five Lakhs only). He further submitted that when the said cheque was presented for encashment which was returned on the ground that the account was closed on 17.08.2012. He further submitted that after issuing statutory notice, the respondent herein has filed a complaint before the Judicial Magistrate Court, Pennagaram, Dharmapuri District and based on the said complaint, the case was taken on file in S.T.C. No. 1501 of 2012.