R ANAND Vs. CIBI NITTING MILLS

JUDGEMENT

(1.) THE petitioner in the above criminal original petition is facing trial for an alleged offence under Section 138 of the Negotiable Instruments Act in C.C.No,83 of 2002 on the file of the Judicial Magistrate I, Tirupur.

(2.) THE petitioner is seeking quashing of all further proceedings in C.C.No,83 of 2002. In the complaint filed by the respondent, it is alleged that the petitioner issued the following cheques bearing Nos. 202951, 202952, 202953, 202954 dated 25.10.2001, 30.10.2001, 05.11.2001, 10.11.2001 for a sum of Rs.1,00,000/-, 1,00,000/-, 1,00,000/- and 90,375/- respectively in favour of the respondent herein towards the amount due from the petitioner to the respondent/complainant. When the aforesaid cheques were presented for encashment, the said cheques were returned unpaid with endorsement "Exceeds Arrangement". After complying with the statutory requirements, the respondent filed a complaint in his petition which was taken on file in C.C.No,83 of 2002. Aggrieved against the same, the above quash petition is filed. 2. Heard the learned counsel for the petitioner.

(3.) THE said contention of the learned counsel for the petitioner cannot be countenanced in view of the Division Bench of this Court reported in 2006 (4) ctc 333, K. Gopalakrishnan Vs. V. Karunakaran. In the said decision, the Division Bench has laid down as under: