CHRISTOPHER Vs. P.SATHYASEELAN

JUDGEMENT

(1.) The petitioner is the sole accused in S.T.C.No.329 of 2010 on the file of the Judicial Magistrate Court, Rajapalayam, Virudhunagar District. The respondent herein filed the abovesaid case under Section 138 r/w. Section 142 of the Negotiable Instruments Act, 1881. Now, this petition has been filed to call for the records of the abovesaid case and quash the same.

(2.) According to the petitioner, he issued a cheque bearing No.258331, for a sum of Rs.50,00,000/- drawn on ICICI Bank, Alwar Thirunagar Branch, Chennai, in favour of one K.P.Vellaichamy. Subsequently, the said Vellaichamy made over the same to the respondent herein on 28.04.2010, by stating that the said Vellaichamy received the said sum from the respondent with subsequent interest at the rate of 24% and afterwords, on 21.08.2010, the said cheque was presented to his Banker, viz., Karur Vysa Bank, Rajapalayam, for collection, but, it was not honoured by the petitioner herein and hence, it was returned with an endorsement ''funds are insufficient''. After returning of the cheque, the respondent herein issued a notice to the petitioner on 15.09.2010, in which, he requested the petitioner for paying the cheque amount. Even after the same, the respondent was not paid the cheque amount to the petitioner. Hence, he preferred a complaint before the learned Judicial Magistrate, Rajapalayam, Virudhunagar District. Aggrieved over the same, the petitioner herein filed this petition before this Court.

(3.) The only contention raised by the petitioner is that since the impugned cheque was issued in favour of one K.P.Vellaichamy, filing of the complaint by the respondent is not maintainable under the provisions of the Negotiable Instruments Act , 1881.