This Criminal Original Petition is filed under Section 482 of Criminal Procedure Code to quash the proceedings in C.C.No.190 of 2009 on the file of learned Judicial Magistrate No.I, Kovilpatti.
2. The case of the defacto complainant/respondent is that he is one of the leading manufacturers and suppliers of lab requirements. The petitioner/accused is the Chairman of Sasthaa Polytechnic College, Keelanilakottai, Puthukottai District, and on his request, the complainant supplied few items of lab requirements on 29.08.2009. On behalf of the petitioner/accused, one G.P.Meenakshisundaram, Head of the Department, went to the place of complainant and took the delivery after executing a letter of acknowledgment for receipt of those products and the total value of the goods supplied to the petitioner was Rs.2,64,794/-. On the date of taking delivery of the goods, the petitioner gave two cheques through the said G.P.Meenakshisundaram, one for Rs.50,000/- under cheque No.757721, dated 18.08.2009 drawn on Bank of Baroda, Puduvayal and another for Rs.2,10,000/- under cheque No.757727, dated 29.08.2009 drawn on the same bank in favour of the complainant. At the request of the petitioner, the cheque for Rs.2,10,000/- was presented for encashment on 31.08.2009 through the account of the complainant at Tamilnadu Mercantile Bank Limited in Kovilpatti. The cheque was returned with an endorsement 'insufficient funds' in the account of the petitioner/accused. Thereafter, once again, at the request of the petitioner/accused, the complainant presented the cheque on 01.09.2009 for collection. This time also the cheque was returned due to insufficient funds in the account of the petitioner/accused. The return of the cheque was intimated to the complainant by his banker on 01.09.2009 itself. Hence, the complainant preferred a complaint after issuing necessary notice under Section 138 of the Negotiable Instruments Act.
3. The learned counsel for the petitioner admitted that two cheques dated 18.08.2009 and 29.09.2009 bearing numbers 757721 and 757727 for a sum of Rs.50,000/- and Rs.2,10,000/- respectively drawn on Bank of Baroda, Pudhuvayal, were issued in favour of the respondent/complainant. He further submitted that there is no dispute with regard to the encashment of the cheque bearing No.757721 is concerned and since there was a dispute with regard to the supply of materials, a request for stop payment was given to the petitioner bank in respect of cheque bearing No.757727 and this will be evident from the statement of account relating to the petitioners account furnished by the bank that a sum of Rs.111/- was charged to that effect. On the contrary, the defacto complainant falsely alleged that the cheque was returned with an endorsement ?insufficient funds? . The learned counsel for the petitioner further submitted that the petitioner has not denied its entire liability, but he is denying the liability only to the materials which have not been supplied by the defacto complainant.
4. The learned counsel for the respondent once again reiterated the averments made in the complaint and further submitted that the petitioner may be directed first to pay the admitted liability and thereafter, this Court may decide the cost of disputed materials.
5. I have carefully considered the submission made by the learned counsel for the petitioner and the learned counsel for the respondent and also perused the materials available on record.
6. It is admitted by the petitioner that the cheque bearing No.757727, dated 29.08.2009 drawn on Bank of Baroda, Pudhuvayal, was issued by the petitioner in favour of the respondent for supply of materials and thereafter since there was a dispute with regard to some item of materials, the petitioner requested stop payment for the said cheque to his Bank. Since there is a dispute with regard to question of fact, the same cannot be decided by this Court and at this stage, there is no need to quash the impugned proceedings. The Court below, namely the learned Judicial Magistrate No.I, Kovilpatti, is directed to dispose of the case in C.C.No.190 of 2009, within a period of six months from the date of receipt of a copy of this order. The criminal original petition is disposed of with the above direction. Connected miscellaneous petitions are closed.
To The Judicial Magistrate No.I, Kovilpatti..