R LALITHAMBAL Vs. J STANLY JONES

JUDGEMENT

(1.) THE petitioner has filed the above Criminal Original Petition to withdraw the case in C. C. No. 311 of 2003 on the file of J. M. No. 1, Virudhunagar, subsequently converted as C. C. No. 313 of 2006 on the file of Judicial Magistrate No. II, virudhunagar and to transfer the same to any of the Judicial Magistrate Court at chennai.

(2.) THE respondent/complainant's case is that he has filed the C. C. No. 311 of 2003 on the file of J. M. No. 1, Virudhunagar, subsequently converted as C. C. No. 313 of 2006 on the file of Judicial Magistrate No. II, Virudhunagar, against the petitioner/accused herein for an alleged offence under Section 138 and 142 of the Negotiable Instrument Act. The accused is an organising member for Chits in shriram Chit Funds for the past several years. The accused has organised her friends and relatives of the Chit Shriram Chit Funds, Tamil Nadu. The complaint also had become a member in the Chit, through the accused persons. On 10. 03. 2001, at the 23rd auction, the complainant bidden the Chit for Rs. 80,000/-and the same was accepted by the company. The complainant was in Virudhunagar and the accused was in Chennai. Further, they are related as in-laws. On request of the accused, the complainant signed some blank papers and sent it to her. It is alleged by the complainant that the same was conveniently filled up by the accused person stating that the company can adjust the dues payable to the company from the complainant's account.

(3.) THE complainant finally obtained a cheque from the accused for a sum of rs. 1,20,000/ -. The said cheque was presented by the complainant through his bankers, namely, Indian Bank, Virudhunagar Branch. The said cheque was returned on 07. 06. 2003. Thereafter, the complainant issued legal notice and approached the Honourable Court by way of the above complaint. Along with the complaint, seven documents were filed and three witnesses have been mentioned.