N D MANI PETITIONER Vs. RAJESH ASSOCIATES

JUDGEMENT

(1.) This Criminal Original Petition has been preferred seeking to call for the records relating to C.C. No.1890 of 2016 on the file of the IV Fast Track Court at George Town, Chennai and quash the same as illegal and unsustainable in law.

(2.) For the sake of convenience, the petitioner and the respondent are referred to as the accused and complainant respectively.

(3.) It is the case of the complainant that the accused is into exports of incense sticks and that the accused had borrowed Rs. 10 lakhs from him to meet his business requirements and towards the discharge of the said liability, the accused had given two impugned cheques, one dated 25.05.2016 for Rs. 5 lakhs and another dated 26.05.2016 for Rs. 5 lakhs; that when the complainant presented the said cheques, they were returned on on 27.05.2016 on the ground "funds insufficient"; hence, the complainant issued a legal notice dated 10.06.2016 demanding payment of the said sum; the accused received the notice on 106.2016 and neither replied to the legal notice nor paid the amount of the cheques; therefore, the complainant initiated a prosecution in C.C. No.1890 of 2016 and the same is now pending on the file of the IV Fast Track Court, George Town, Chennai, challenging which, the accused is before this Court.