M MADHAVAN Vs. S SUBRAMANIAN

JUDGEMENT

(1.) THIS Criminal Original Petition is filed to call for the records in CC.NO.450/2005 on the file of the Judicial Magistrate No.I, Pondicherry and quash the same.) The Plaintiff, who is arrayed as A5, is facing trial for the alleged offence under Section 138 of the Negotiable Instruments Act and he has come forward with this petition to quash the proceedings in CC.NO.450/2005 on the file of the Judicial Magistrate I, Pondicherry.

(2.) ACCORDING to the complainant, the Petitioner is the Director of M/s. PNL Nihdi Limited (herein after referred to as the Company) and a cheque bearing NO.968510 dated 2.9.2004 for a sum of Rs.2,25,500/- drawn on City Union Bank of India, Pondicherry in favour of the complainant was issued and the same was dishonoured, when it was presented for encashment.

(3.) ACCORDING to the complainant, A1 to A6 are liable to pay the cheque amounts. Since the accused failed to honour the said cheque in favour of the complainant, the complainant had issued a legal notice dated 16.2.2005 to the accused by Registered Post. Notice sent to A1 to A4 was returned with the endorsements "refused" and the registered post sent to A5 to A9 were returned to the sender with the endorsements "Door Locked, "Door intimation given", "Addressee gone to long tour, "Left without instruction" and "office not functioning" respectively. ACCORDING to the complainant, the accused were evading to receive the notice and they had the knowledge of the contents of the notice issued on behalf of the complainant. Since the accused failed to pay the amount, the complaint under Section 138 and 142 of Negotiable Instruments Act has been filed.