S GANESA KURUKKAL Vs. M MANGAIYARKARASI

JUDGEMENT

(1.) This quash petition is filed to quash the complaint filed for the offence under Sections 138 and 142 of Negotiable Instrument Act against the petitioner and another.

(2.) The case of the complainant is that both the accused are known to the complainant. On 05.08.2009, both the accused have borrowed jointly a sum of Rs. 10,00,000/- on pronote executed by the first accused at the rate of interest 18% per annum. The first accused issued a cheque dated 10.08.2010 to discharge entire part of their liability for a sum of Rs. 11,80,000/- bearing No.554837 dated 18.08.2010 in favour of the complainant. The said cheque was presented for collection and it was returned dishonoured with the banker's endorsement "ACCOUNT No.88 " OUR ACCOUNT OF G.SORNAVALLY'. It was informed to the complainant. Therefore, on 20.08.2010, the second accused issued two cheques for a sum of Rs. 5,90,000/- each. Both the cheques were presented for collection and the same were also returned for the reason that "INSUFFICIENT FUNDS". After causing statutory notice, the complainant filed private complaint for the offence under Section 138 of Negotiable Instrument Act before the Judicial Magistrate No.3, Tiruchirappalli.

(3.) After having taken cognizance for the offence under Sections 138 and 142 of Negotiable Instrument Act against the accused, the learned Judicial Magistrate No.3, Tiruchirappalli issued summons to the accused. On receipt of the summons, the first accused filed this quash petition.