The learned counsel for the petitioner submits that the respondent/complainant has filed the case in STC.No.2785 of 2006 on the file of the learned Judicial Magistrate No.I, Tiruppur on an alleged offence under Section 138 of Negotiable Instruments Act. The petitioner's counsel further submits that the petitioner and accused 1 to 3 were partners of a firm and doing job work of dyeing for banian clothes etc. In the course of business, the petitioner/first accused firm had to pay a sum of Rs.2,50,284/- to the respondent/ complainant. So the second accused had issued a cheque for a sum of Rs.2,50,000/- to the respondent. The same cheque, after presentation to the bank, was dishonoured. Subsequently, the respondent/complainant has filed the complaint in STC.No.2785 of 2006 on the file of the Judicial Magistrate No.I, Tiruppur.
2. On the other hand, the learned counsel for the respondent/complainant submits that the accused issued a cheque to an in favour of the respondent for the supply of dyes and chemicals to the value of Rs.2,50,284/- under invoice No. D/073 dated 04.09.2006 for the said purchase. Further the petitioner herein issued a cheque for a sum of Rs.2,50,000/- dated 14.09.2006. The said cheque was dishonoured, after presenting the cheque to the bank through the complainant bankers, namely Oriental Bank of Commerce, Tiruppur branch, and the said cheque was returned as 'funds insufficient'. Further the learned counsel for the respondent submits that the respondent filed 12 documents and produced 3 witnesses in support of his case.
3. Considering the facts and circumstances of the case, I am of the opinion that the learned Magistrate after applying his legal mind has taken the case on his file and issued summons to the petitioner herein. Further, I am of the opinion that considering the ingredients of the complaint, trial is necessary to determine the facts of the case. Then only, the learned Magistrate can give proper verdict to the parties concerned. The petitioner prayed to call for the records in STC.No.2785 of 2006 on the file of Judicial Magistrate No.I, Tiruppur and quash the same. The said proceedings cannot be quashed at this stage. Under the circumstances, the Court is not inclined to interfere with the proceedings in STC.No.2785 of 2006 on the file of the learned Judicial Magistrate No.I, Tiruppur. Considering the cause of action ie., the issual of cheque on 04.09.2006, the Court is constrained to direct the learned Magistrate to dispose of the case, as expeditiously as possible, preferably within a period of six months from the date of receipt of a copy of this order.
4. With the above direction, the Criminal Original Petition is disposed of. The connected Miscellaneous Petition is closed as not necessary.
mra To
1. The Judicial Magistrate No.I, Tiruppur.
2. The Public Prosecutor, High Court, Madras