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Madras High Court · body

2009 DIGILAW 2792 (MAD)

B. Sivakumar v. R. Lakshmi

2009-07-30

C.S.KARNAN

body2009
Judgment : The petitioner has filed the Criminal Original Petition to call for the records in CC No.330 of 2004 on the file of District Munsif Cum Judicial Magistrate, Uthankarai and quash the same. 2. The Respondents case is that the accused and his mother Kumari Bhaskaran are the owners of the property situated in T.S.No.270/3A1 in Tiruvalluvar Nagar, Thiruvannamalai Town and District. The accused person entered into negotiation with the complainant to sell the property for a sum of Rs.11.5 lakhs as per written agreement dated 12. 2004. On the date of sale agreement, the complainant paid Rs.7,20,000/- to the accused and his mother/land owners. As per the agreement, the sale has to be completed within three months from the date of the sale agreement. In the meanwhile, the accused and his mother sold the said property to third parties. Knowing the same, the complainant questioned the accused. Then the accused returned the advance sale consideration to the complainant, by issuing three post dated cheques for the said amount. 3. The complainant submitted that the cheque dated 16. 2004, 26. 2004 and 17. 2004 were presented in his bankers namely Indian Bank, Sigarapettai branch, Uthankarai. All the cheques were returned with the endorsement that, "payment stopped by drawer". Thereafter, the complainant issued legal notice to the petitioner. Subsequently, the complainant filed the above case in CC No. 330 of 2004 on the file of the learned District Munsif cum Judicial Magistrate, Uthankarai. Supporting the complainants case, she has filed eleven documents and mentioned three witnesses. 4. The Learned Magistrate has taken the case on his file as CC No. 330 of 2004. 5. Now, the petitioner has challenged the case in CC No.330 of 2004 on the ground that the complaint has been lodged by the Respondent, R.Lakshmi W/o P. Sivakumar for alleged offences under Sections 138 and 142 of the Negotiable Instruments Act. 6. The petitioner submits that the above mentioned cheques were received by the Respondent with fraud, coercion and compulsion with the help of the Inspector of police, Town Police Station, Tiruvannamalai, Tiruvannamalai District at the time of enquiry. The petitioner further submits that the above CC No. 330 of 2004 filed by the Respondent is only with an ulterior motive to harass the petitioner. 7. The petitioner further submits that the above CC No. 330 of 2004 filed by the Respondent is only with an ulterior motive to harass the petitioner. 7. Further, the petitioner has stated that after receiving the above said cheques, the Inspector of Police, Town Police Station, Thiruvannamalai registered the FIR as Crime No.408 of 2004 and the petitioner and his mother were charged for an offence under Sections 420, 460, 471 and 506 (III) of IPC. The petitioner also submits that he has also filed a Criminal Original Petition No.36739 of 2004 to quash the FIR in Crime No.408 of 2004 on the file of Inspector of Police, Town Police Station, Thiruvannamalai, Tiruvannamalai District before the Honourable Justice Kanagaraj, who was also pleased to grant interim stay vide order dated 30.11.2004, in Criminal Miscellaneous Petition No.11534 of 2004 in Criminal Original Petition No.36739 of 2004. Hence, the petitioner seeks quash of the complaint in CC No.330 of 2004 on the file of District Munsif Cum Judicial Magistrate, Uthangarai. 8. Considering the facts and circumstances of the case, the Court is of the view that as the petitioner had admitted that the cheques issued has been signed by him, and that it has been dishonoured, the Learned Magistrate has hence taken the case in CC No.330 of 2004 on his file. Regarding the dispute, regarding manner of collection of cheques from the petitioner, the petitioner is at liberty to argue his case about this and other related matters in the Trial Court itself, as the case is ready for Trial. 9. Hence, this Court is not warranted to interfere in the proceedings in CC No. 330 of 2004 on the file of District Munsif Cum Judicial Magistrate, Uthankarai, at this belated stage. Hence, the Criminal Original Petition No.32346 of 2005 is dismissed. Consequently, connected Miscellaneous Petition is closed.