DIWAKAR Vs. A SHOBA

JUDGEMENT

(1.) THIS Criminal Original Petition is filed to quash the complaint in CC.No,2311/2003 pending on the file of the VIII Metropolitan Magistrate, George Town, Chennai.

(2.) THE respondent had lodged the said complaint against petitioner for the offence under Section 138 of the Negotiable Instruments Act, arraying the petitioner as A2 and two others, Sankar as A1 and Viravan as A3.

(3.) ON the other hand, Mr.R. Sivakumar the learned counsel for the respondent drew the attention of this court to the discharge petition filed by the petitioner, in which the respondent has filed a counter, reiterating the liability of the petitioner to pay the cheque amount. The learned counsel would contend that having filed a discharge petition, the petitioner is not permitted to invoke the jurisdiction of this court under Section 482 of Code of Criminal Procedure and the amounts were due and payable by A2 and A3 and under the letter of undertaking executed by all the three accused, A1 agreed to pay the amount and issued cheques drawn by him, which were presented and returned dishonored.