K.MANOHARAN Vs. THIRU.N.KAMATCHI REDDIAR

JUDGEMENT

(1.) The petitioner is the sole accused in C.C.No.2247 of 2013 on the file of the learned Judicial Magistrate No.II, Sattur, for an offence under Section 138 of the Negotiable Instruments Act, 1881. To quash the same, the present petition has been filed.

(2.) The case of the respondent/complainant is that the petitioner/accused, is his eldest son and he along with his wife are working in Chennai. The petitioner has received a sum of Rs.80,00,000/- [Rupees Eighty Lakhs only] in the month of May, 2012, for the purpose of purchasing a house in Chennai. In order to repay the above loan, he issued a cheque drawn on ICICI Bank, Sivakasi Branch, for a sum of Rs.80,00,000/- [Rupees Eighty Lakhs only] bearing No.960720. When the same was presented for encashment before the complainant's bank, it has been returned on the ground of 'Insufficient Funds'. Thereafter, the complainant sent a legal notice dated 14.05.2013 through speed post, calling upon the petitioner to pay the amount, the petitioner received the legal notice on 16.05.2013, but, he neither replied nor came forward to pay the amount. Hence, the complaint has been filed. The learned Judicial Magistrate has taken cognizance of the offence and also issued summons to the petitioner. Now, to quash the same, the present petition has been filed.

(3.) Mr.S.Natarajan, learned counsel appearing for the petitioner submitted that the petitioner is the eldest son of the complainant. He was residing at Door No.226/1A, Varshana Flats - F, Theru Veethi Amman Koil Street, Porur, Chennai-116 and he was working as a Project Manager in one Pranav Tele Ventures Private Limited, West CIT Nagar at Chennai, upto February, 2012. Thereafter, he discontinued his work. Before his marriage, he maintained an account in ICICI Bank Limited at Sivakasi Branch, and the said account was operated by his father/complainant. The disputed cheque book was received by the petitioner from the bank in the year 2008, and for his marriage and other expenses, some blank signed cheques were given to his father. After the marriage, in the year 2009, there was some dispute in his family and they are not in talking terms. Now, using one of the cheques, the complaint has been filed.