G VENKATESH Vs. S KALAIKUMAR

JUDGEMENT

(1.) A private complaint has been filed against three accused for an offence punishable under Section 420 IPC. Learned Judicial Magistrate VII, Coimbatore examined eleven witnesses including defacto complainant and has taken the case on file against A1 and A2. The case has been dropped against A3, who is wife of the 1st accused. The present petition to quash the proceedings has been filed by A1 & A2 against whom, the process has been issued. When the matter has been taken up for enquiry, learned counsel for the petitioners made an endorsement that the petition against the 2nd petitioner may be withdrawn and made his submissions for the 1st petitioner/accused alone.

(2.) THE case of the prosecution is that the defacto complainant was running a finance business and the accused received loans on several occasions by promising that loans will be settled in due time. It is alleged that the petitioners received such type of loans from 16 other persons and as against the defacto complainant, the liability of the 1st accused is Rs.10,50,000/- It is further alleged that the petitioners, accepting the liability, issued cheques for payment of the same. However, the cheques were dishonoured and the defacto complainant preferred proceedings under Section 138 Negotiable Instrument Act. Since the petitioners made false promise of payment of money and the cheque, issued by the petitioners got bounced, a private complaint has been initiated before the learned Judicial Magistrate.

(3.) HEARD the submissions made on either side and perused the materials available on record.