G JAMUNA DEVI Vs. R RAMESH

JUDGEMENT

(1.) This Criminal Original petition has been filed by the accused under Section 482 Cr.P.C to quash the proceedings in S.T.C.No.180 of 2016 on the file of the Fast Track Court No.2, (Magisterial Level), Madurai.

(2.) The brief facts of the case are as follows:

(3.) The respondent herein has further alleged in his complaint that as per the distribution agreement, the accounts were verified on 10.08.2015. The said Satheesh Kumar and Amarnath agreed to repay the amount of Rs.80,00,000/- to the respondent herein from the deposited amount received by them from the respondent herein. But, they are not ready to pay immediately, for which, Satheesh Kumar's mother, (the petitioner herein) agreed to pay Rs.40,00,000/- through her cheque. Accordingly, on 21.08.2015, the petitioner herein has issued a cheque dated 10.10.2015 for Rs.40,00,000/- in favour of the respondent herein. The respondent herein has presented the said cheque in the bank on 14.10.2015 and the same was returned as 'funds insufficient' and thereafter, he has issued a statutory notice, on 19.10.2015 and after receipt of the said notice, the petitioner herein did not come forward to pay the amount and hence, he has filed the private complaint under Section 138 of the Negotiable Instruments Act and the same was taken on file as STC.No.180 of 2016 on the file of the Fast Track Court No.II (Magistrate Level).