PALANI Vs. B SHANTHILAL

JUDGEMENT

(1.) THIS Criminal Original Petition is filed by the petitioner/accused to quash the proceedings in CC.No.12687/2004 on the file of the learned Metropolitan Magistrate VIII, George Town, Chennai.

(2.) THE brief facts, which are essential for the disposal of this Criminal Original Petition, are as follows:- THE petitioner/accused has borrowed a loan of Rs.5 lakhs and executed a promissory note in favour of the respondent/complainant on 5.4.2003 and on repeated request made by the respondent for repayment of the loan amount with interest, the petitioner had issued a cheque bearing NO.583197 dated 4.10.2004 for a sum of Rs.6,80,000/- drawn on State Bank of India, Elephant Gate Branch, Chennai on 5.10.2004. When the said cheque was presented for encashment, the same was returned on 7.10.2004 with an endorsement -account closed-. THE respondent issued a statutory notice dated 10.10.2004 to the petitioner and the petitioner/accused received the said notice on 16.10.2004, but neither paid the cheque amount within the stipulated period nor sent any reply. Hence, the complaint has been filed by the respondent under Section 138 of the Negotiable Instruments Act.

(3.) PER contra, Mr.N.S.Sivakumar, the learned counsel for the respondent would contend that this court in exercising its jurisdiction under Section 482 of Code of Criminal Procedure cannot probe into the truthfulness or otherwise of the allegations made in the complaint and proceed to analyse the materials which are produced in support of the allegations and more particularly, this court cannot look into the materials produced by the accused at this stage.