M RAMACHANDRAN Vs. ARUN AGENCIES

JUDGEMENT

(1.) THE above Criminal Original Petition has been filed by the petitioner to call for the Records in STC No,636 of 2007 pending on the file of the Judicial Magistrate I, Coimbatore and quash the same.

(2.) THE short ingredients of the complaint is stated as follows:- THE complainant, namely, M/s. Arun Agencies, represented by its proprietor filed STC.No,636 of 2007 an alleged offence under Sections 138, 141 and 142 of the Negotiable Instruments Act. THE accused has borrowed a sum of Rupees fifteen lakhs ie., a cheque bearing No,343069 dated 01.07.2002 for a sum of Rs.10 lakhs in favour of accused drawn on Indian Bank, Trichy road branch, Coimbatore and a sum of Rs.5 lakhs by way of cash dated 02.07.2002. For the said amount, the accused executed an on demand promissory note in favour of the complainant.

(3.) NOW, the accused/petitioner herein has filed the above Criminal Original Petition to quash the complaint on the following points. The petitioner has alleged that the Respondent is known to him for the past several years and he was looking after the entire affairs of the petitioner's business at Coimbatore. So, the petitioner relied on him and even went to the extent of entrusting the cheques. Further, the petitioner has alleged that due to some civil dispute regarding compensation to tenants, the petitioner gave 2 cheques dated 28.06.2002, one for Rs.15 lakhs and another for Rs.5 lakhs. From out of the said amount, the respondent gave a cheque for Rs.10 lakhs which was encashed by the petitioner. But the petitioner was shocked to receive a legal notice from the Respondent dated 15.06.2005 as if the petitioner had borrowed a sum of Rs.15 lakhs from the respondent on 01.07.2002 for urgent business purpose by way of cheque and later Rs. 5 lakhs by cash on 02.07.2002 on promissory note with interest at the rate of 12% per annum. It has been alleged by the respondent that the petitioner had issued a post dated cheque bearing No,791109 dated 08.04.2005 for Rs.16,82,000/= drawn on Indian Overseas Bank, R.S.Puram branch, Coimbatore-641002. The petitioner contends that before January 2005, the petitioner had entrusted some blank signed cheques with the respondent and the respondent had misused the said cheques.