T P DELHI DORAI Vs. SAI CHANDER

JUDGEMENT

(1.) THE petitioners herein pray to call for the records of the case in C.C.No,6566 of 2003 on the file of the III Metropolitan Magistrate Court, George Town, Madras now transferred to XV Metropolitan Magistrate Court and quash the same. It is alleged by the Petitioners/accused that the Respondent herein filed a compliant against the petitioner for an alleged offence under Section 138 of the Negotiable Instruments Act on the ground that the petitioners got a loan of Rs.2,00,000/- on 26.9.2001 from the complainant for which the petitioners issued 6 (six) blank cheques to the complainant on 26.9.2001. It is further alleged by the petitioners that the amount and dates were not filled up in the cheques but the blank cheques were taken from the petitioners/accused.

(2.) IT is further alleged that the 2nd petitioner/accused had issued two blank cheques for the same amount of Rs.2 lakhs for the said loan received from the Respondent/Complainant. In these cheques, the amount and date were not filled up. The petitioners further alleged that they issued 5 (five) cheques bearing Nos.251605, 251607, 251608, 251609 and 251610, all dated 20.02.2003, each cheque for Rs.20,000/- in all for a sum of Rs.1,00,000/- and another cheque bearing No,251604 dated 18.05.2002 for Rs.20,000/- being arrears of interest. Further, the 2nd petitioner issued two cheques, namely, one cheque bearing No. 104265 dated 20.02.2003, for Rs.1,00,000/- and another cheque bearing No.066722, dated 18.05.2002 for Rs.2,00,000/- towards principal and towards the discharge of above said legal liability. In total, both the petitioners/ accused had issued 8 (eight) cheques for the said loan amount of Rs.2 lakhs. Further it is alleged that the respondent/complainant had received a blank pro-note from the 1st petitioner on 26.9.2001, besides a guarantee letter issued by the 2nd petitioner/ accused as guarantor. The petitioners further alleged that the original pension payment order PPO No.A506892 issued by the Government of Tamil Nadu was also collected by the Respondent/ Complainant. Subsequently, the Respondent/Complainant issued legal notice on 27.07.2002 stating that 2 cheques were issued by the petitioner for a sum of Rs.2 lakhs dated 06.09.2001 and the same were dishonoured/returned by the petitioner's Bankers namely T.N.S.C. Bank, Anna Nagar Branch and Union Bank of India, Anna Nagar Branch.

(3.) THE Respondent alleged in his complaint that the 1st accused was known to him that he had approached the complainant for a loan of Rs.2 lakhs on 26.9.2001 and he also executed a pronote for the said amount. THE complainant further submits that the 1st accused/petitioner has issued 5 cheques, each cheque for a sum of Rs.20,000/- in all for a sum of Rs.1,00,000/-. While the 2nd petitioner/2nd accused issued a cheque or Rs.1,00,000/- dated 20.02.2003 drawn on Union Bank of India, Anna Nagar branch in favour of the respondent/complainant. THE six cheques were presented in the complainant's banker namely Indian Overseas Bank, Aminjikarai Branch on 20.02.2003 for realisation. THE said cheques were returned dishonoured with the accused bankers intimation slip dated 21.2.2003 with an endorsement as "Funds Insufficient". Following this endorsement, the complainant filed the complaint before the learned Magistrate under Section 138 of the Negotiable Instruments act. THE Learned Magistrate after applying his judicial mind on the said complaint and perusal of the documents and also after collecting the evidence of the complainant had taken the complaint on his file and issued summons to the petitioners/accused. After receipt of the summons, the petitioners/accused rendered appearance before the Trial Court in the above said C.C.No,6566 of 2003.