VIVEK MATHUR Vs. AJIT MARDIA

JUDGEMENT

(1.) This petition has been filed to quash the private complaint in STC No.389 of 2016 pending trial on the file of the Fast Track Court (Magisterial Level), Ambattur as illegal.

(2.) For the sake of convenience, the parties will be referred to by their name.

(3.) It is the case of Ajit Mardia [the de facto complainant] that he had supplied Aluminium Die casting components to the accused, towards which, a sum of Rs. 1.50 crores was due; the accused issued two cheques, viz., cheque no.000305 dated 18.07.2015 for Rs. 50 lakhs and cheque no.000306 dated 30.07.2015 for Rs. 1 crore; the complainant presented the cheque dated 18.07.2015 on 207.2015 and the same was dishonoured; at the request of the accused, the complainant re-presented the cheque dated 18.07.2015 along with the cheque dated 30.07.2015 on 20.10.2015 and both the cheques were dishonoured. The complainant issued a legal notice dated 11.11.2015 under section 138 of the Negotiable Instruments Act, 1881 and thereafter, has filed the present complaint in STC No.389 of 2016 under section 138 of the Negotiable Instruments Act, which is pending on the file of the Fast Track Court, (Magisterial level), Ambattur, against Vivek Mathur [A1] and his wife Aseel Mathur [A2], challenging which, the accused are before this Court.