K RAMAIAH Vs. R SUDHKHARA NAIDU

JUDGEMENT

(1.) THIS Criminal Original Petition is filed to call for the records in CC.No.10/2005 on the file of the learned Judicial Magistrate, Tiruttani and to quash the same. THIS Criminal Original Petition is filed to quash the proceedings in CC.No.10/2005 on the file of the learned Judicial Magistrate, Tiruttani.

(2.) THE impugned proceedings were initiated against the Petitioner, alleging that when the cheque bearing No,282873 dated 10.5.2004 for Rs.1,00,000/- drawn on Bank of India, Sowcarpet, Madras issued by the Petitioner to discharge the part satisfaction of the total due, has been presented by the Respondent through Indian Bank, Podhaturpet on 11.10.2004, it was returned by the Bank of India as "Account Closed" with a return memo stating that the account has been closed.

(3.) THE main contention of the learned counsel for the Petitioner is that the Petitioner never resided at the address at No,4, Bajanai Koil Street, Choolaimedu, Nungambakkam, Chennai-94 either on 10.5.2004 or thereafter till today and he is continuously residing at Old No.11, New No.10, Raghavan Street, Nungambakkam, Choolaimedu, Chennai-94 from June 1994.