MURALI KRISHNA PROP SRI VENKATARAMAN STEEL AND CEMENT ANDHRAPRADESH Vs. VIJAYA KUMAR PROP BAVANA FINANCE

JUDGEMENT

(1.) THE petitioner has filed the above criminal Original Petition to transfer the case in C. C. No. 3192 of 2005 on the file of VIII Metropolitan Magistrate Court, chennai to Small Causes Court, Chennai.

(2.) THE ingredients of the complaint filed by the respondent/ complainant is that the petitioner/accused had borrowed hand loan for a sum of Rs. 50,000/- on 06. 12. 2004 for which the petitioner executed documents in favour of the respondent herein. The respondent demanded the loan amount from the petitioner. The petitioner then issued a cheque for a sum of Rs. 50,000/- bearing No. 764158 dated 24. 01. 2005 in favour of the respondent herein and the cheque was drawn on the State Bank of India, Madanapalli, Andhrapradesh. The respondent presented the cheque, through his bankers, nemely, Indian Bank, Sowcarpet, Chennai-79, for collection on 24. 1. 2005. The same was returned as unpaid due to "insufficient funds" in his bank account. Subsequently, the respondent issued legal notice to the petitioner on 18. 02. 2005 by registered post. The said notice was received by the petitioner on 22. 02. 2005. After receipt of the notice, the petitioner had neither paid the cheque amount nor had sent a reply. Thereafter the respondent filed the complaint before the learned VIII Metropolitan Magistrate, at Court, chennai. Supporting his complaint, 5 documents have been filed and 3 witnesses have been mentioned.

(3.) THE said case has been taken on file by the learned VIII Metropolitan magistrate, at, Chennai.