M.APPAVOO Vs. M.NAGARAJAN

JUDGEMENT

(1.) This criminal original petition has been filed under section 482 of Cr.P.C., praying to call for the records in connection with S.T.C.No.320 of 2008 on the file of Judicial Magistrate No.II, Nagercoil, Kanyakumari District and quash the same.

(2.) It is averred in the petition that the private complaint has been filed by the respondent as against the petitioner alleged to have committed an offence punishable under Section 138 of N.I.Act., before the Judicial Magistrate No.2, Nagercoil. The case of the complainant is that the petitioner borrowed a sum of Rs.1 lakh as loan and for that, the petitioner issued a cheque. When the cheque was presented, the same got bounced and therefore, he presented the complaint before the Court. The complaint originally presented by the respondent was returned on 03.01.2008 and the same was represented after 243 days delay. Without condoning the delay, the case was taken on file by the Judicial Magistrate. Thus, the complaint has been resubmitted and taken on file without condoning the above said delay. Further, the materials placed by the complainant does not disclose any existence of enforceable debt and therefore, the proceeding as against the petitioner is liable to be quashed.

(3.) The learned counsel for the petitioner contends that the petitioner has not been given any opportunity to put forth his case as to the delay and the presentation of the complaint and taking the case on file without condonation of delay very much affects the rights of the petitioner and therefore, the proceedings as against the petitioner are liable to be quashed.