S JANAKI Vs. R THIAGARAJAN

JUDGEMENT

(1.) THIS Criminal Original Petition is filed to call for the records in CC.No,333/2005 on the file of the Judicial Magistrate, Tiruvarur and quash the same.The Petitioner is the accused in CC.NO.333/2005 on the file of the learned Judicial Magistrate, Tiruvarur and is facing criminal proceedings for the offence under Section 138 of the Negotiable Instruments Act.

(2.) ACCORDING to the Petitioner, her husband, who was awarded a contract for carrying out repair work in the Office of the District Manager, TAHDCO, Tiruvarur Town, entered into an agreement with the Respondent to do the said work as a sub-contractor for a sum for Rs.25,000/-, since the Respondent had to invest the amount for the project and the cheques were to be issued in the name of the Petitioner's husband. In order to realise the amount, the Respondent had obtained two blank cheques as security. It is the further case of the Petitioner that after the contract work was completed, her husband took the Respondent to the TAHDCO's Regional Office at Trichy and on receiving cheques for Rs.88,664/- and Rs.73411/- in two installments, handed over them to the Respondent, but the Respondent did not return the cheques issued by the Petitioner and her husband, despite the demand made on various occasions. They had come to know that the cheques were presented for encashment and they had been returned unpaid due to insufficient funds in her account only through the lawyer's notice issued by the Respondent dated 8.11.2004. The Respondent has initiated criminal proceedings under Section 138 of the Negotiable Instruments Act against the Petitioner and she has challenged the said proceedings inter alia on the ground that there was a delay of 106 days in filing the complaint, for which no application was filed for condoning the delay, but the learned Magistrate has taken cognizance of the complaint directly without being satisfied himself as to whether there was sufficient cause to condone the delay.