K ZEAWDEEN Vs. D PORTRAMARAI KANNAN

JUDGEMENT

(1.) THE petitioner has filed the above Criminal Original Petition to withdraw and transfer the complaint of the respondent pending on the file of the Judicial magistrate No. I, at Ponneri in C. C. No. 93 of 2006 to any other Court in Chennai, competent to try the same.

(2.) THE respondent/complainant's case is that he has filed the complaint under sections 138 and 142 of the Negotiable Instruments Act. The ingredients of the complaint is that the accused received money earlier from the complainant for which the accused issued a cheque bearing No. 734483 dated 30. 04. 2005 for a sum of Rs. 4 lakhs, drawn on Union Bank of India, Triblicane branch. The said cheque was presented by the complainant through his bankers namely HDFC Bank Ltd, nungambakkam branch, Chennai 34. The said cheque was returned for the reason "insufficient funds in the account", as per memorandum dated 20. 10. 2005. After that, the complainant sent a legal notice dated 14. 02. 2006 to the accused. The said registered notice was returned to the complainant. As such the accused committed offence under section 138 of the Negotiable Instruments Act. After that the complainant approached the learned Judicial Magistrate -I , Ponneri and filed the above said complaint. Along with the said complaint, five documents have been filed and three witnesses have been mentioned.

(3.) THE learned Magistrate after applying his mind has taken the case on his file as C. C. No. 93 of 2006 and issued summons to the petitioner/accused herein.