V.VELAN Vs. S.RASUMANI

JUDGEMENT

(1.) The petitioner herein is the accused in S.T.C.No.144 of 2012 on the file of learned Fast Track Court (Magistrate level) No.II, Madurai. Based on the complaint given by the respondent the said case was registered for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881.

(2.) Now, the petitioner herein has preferred the present petition under Section 482 Cr.P.C., in which, he is seeking the relief to quash the above said case as illegal.

(3.) Now, on going through the case of the prosecution, it is seen that on receipt of a cheque issued by the petitioner, the respondent on 12.09.2008 presented the same before the Karur Vysya Bank, but the said cheque was returned by the Bank by mentioning as "Invalid Account Number". Therefore, on 19.09.2008, the respondent herein sent a statutory notice to the petitioner, in which, he requested the petitioner to pay the entire cheque amount, but, the said notice was returned with an endorsement "Unclaimed". Aggrieved over the same, a complaint has been instituted by the respondent and the same was taken on file as S.T.C.No.144 of 2012 by the learned Magistrate No.II, Madurai.