M/S. Sri Palanimurugan Sago … vs S.Varadharajan on 16 April, 2010

       

  

  

 
 
 IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:  16.04.2010
CORAM
THE HONOURABLE MR. JUSTICE C.T.SELVAM
Crl.O.P.Nos. 28748 & 33174 of 2007
and M.P. Nos. 1, 1 of 2007

1.M/S. Sri Palanimurugan Sago Factory
   by its partner P.Dhanasekaran
   Ammampalayam Village, Attur Taluk
   Salem District.   
2. S.P. Dhanasekaran
3. Malliga        
    petitioners 2 and 3 are partners of 
    M/S. Sri Palanimurugan Sago Factory    
                                                      ..  Petitioners in both Crl. O.Ps.

-Vs-

S.Varadharajan               .. Respondent in Crl.O.P. No. 28748 of 2007
P.Subramani @ Subramaniyan 
                                    .. Respondent in Crl.O.P. No. 33174 of 2007
 
Prayer in Crl.O.P.No. 28748 of 2007:Criminal Original Petition filed under Section 407 of Criminal Procedure Code to withdraw and transfer the complaint in S.T.C. No. 1308 of 2007 pending on the file of Judicial Magistrate, Rasipuram to the Judicial Magistrate No.I, Attur for being heard along with S.T.C. No. 876 of 2006. 
Prayer in Crl.O.P.No. 33174 of 2007:Criminal Original Petition filed under Section 407 of Criminal Procedure Code to withdraw the complaint in C.C. No. 75 of 2007 pending on the file of Judicial Magistrate, Harur and transfer the same to the Judicial Magistrate No.I, Attur for being heard along with S.T.C. No. 876 of 2006. 
                          For Petitioners 	: Mr. V.R. Rajasekaran
			For Respondents	: No appearance
					      -----

C O M M O N  O R D E R
	In both these petitions, the petitioners are the same, while the respondents are different.  Both petitions arise out of cases filed against the petitioners alleging offences under Section 138 of Negotiable Instruments Act.  Both these petitions are supported by affidavits filed by the third petitioner which informs as follows:

"2. I submit that I had financial transaction with one K.Jayamaharaja of Ammampalayam village during the period 2000-2002.  He collected three blank cheque leaves of Lakshmi Vilas Bank, Attur bearing No.0081248, 0081249 and 0081250 signed by me for prompt re-payment of the hand loan extended by him during the year 2000.  I have repaid the entire hand loan amount and interest thereon due to him by January 2002.  Thereafter, I have no transaction with him.  However, he has not returned those three cheque leaves to me.  As he was busy with his daughter's marriage when I have repaid the loan amount during January 2002, he avoided return of the three blank cheque leaves bearing No.0081248, 0081249 and 0081250 on some pretext or other.  Even after the marriage of his eldest daughter was over, he did not return the cheque leaves.  When I have insisted the return of the said cheque leaves, he said that they were misplaced by him and he would trace out and hand it over the same as early as possible.  Considering our family relationship with his family, I have not further insisted him to return the cheque leaves nor asked for any receipt for repayment of the loan.

	3. I submit that there was some misunderstanding developed between my family and that of K.Jayamaharaja during the year 2005 in the context of marriage of her second daughter  Devi with one Arunkumar.  He believed that my husband and I have facilitated the love marriage of his second daughter with Arunkumar.  As a result of this misunderstanding, we are not in talking terms with K.Jayamaharaja and his family.  Due to the strained relationship, he wanted to wreck vengeance with us.  Three blank cheque leaves of mine left with him come in handy for him to wreck vengeance and harass us.

	4. I submit that the above said K.Jayamaharaja has filled up the cheque bearing No.0081248 for a sum of Rs.9,36,000/- and dated it as if it was issued on 03.07.2006.  The above said cheque dated 03.07.2006 presented by him for collection on 03.07.2006 was dishonored.  In this connection he filed a complaint in S.T.C. No.876 of 2006 under Section 138 of the Negotiable Instruments Act, 1881 as amended by Act No.66 of 1988 before Judicial Magistrate No.I, Attur.
	5. I submit that the above said K.Jayamaharaja has filed up another cheque bearing No.0081249 for a sum of Rs.9,69,000/- in favour of one P.Subramani @ Subramaniyan and dated it as if it was issued on 21.07.2006.  The cheque bearing No.0081249 drawn on Lakshmi Vilas Bank, Attur was presented by the above said P.Subramani through Karur Vysya Bank, Kambainaullur Branch in Dharmapauri District.  The cheque was dishonored on 10.07.2007.  In this respect, the above said P.Subramani has filed a complaint in C.C.No.75 of 2007 under Section 138 of the Negotiable Instruments Act, 1881 as amended by Act No.66 of 1988 before the Judicial Magistrate, Harur.

	6. I submit that the above said K.Jayamaharaja has filed up the third cheque bearing No.0081250 for a sum of Rs.8,75,500/- in favour of one S.Varadarajan and dated it as if it was issued on 11.07.2006.  The cheque bearing No.0081250 drawn on Lakshmi Vilas Bank, Attur was presented by the above said S.Varadarajan through Canara Bank, Pillanallur Branch.  The cheque bearing No.0081250 was dishonored on 17.07.2006.  In this respect, the above said S.Varadarajan has filed a complaint in S.T.C. No.1308 of 2007 under Section 138 of the Negotiable Instruments Act, 1881 as amended by the Act No.66 of 1988 before the Judicial Magistrate, Rasiupuram.

	7. I submit that P.Subramani @ Subramaniyan, complainant in C.C. No.75 of 2007 on the file of Judicial Magistrate, Harur is none other than father's sister son of K.Jayamaharaja who is the complainant in S.T.C. No.876 of 2006 on the file of Judicial Magistrate No.I, Attur.  Another Complainant in S.T.C. No.1308 of 2007 on the file of Judicial Magistrate, Rasipuram is filed by S.Varadarajan, brother-in-law (sister's husband) of K.Jayamaharaja.  All the three complaints were filed only at the behest of K.Jayamaharaja with ill motive to wreck vengeance due to the strained relationship between us.  The complaints filed at three different places coming under the Jurisdiction of three District Courts viz., Salem, Rasipuram and Harur are nothing but abuse of the process of the Court."

	2. The learned counsel for the petitioners, who reiterated the contentions informed in the affidavits filed in support of the petitions, stated that this is a fit case where this Court would exercise its inherent powers towards affording an opportunity to the petitioners to defend themselves, who are suffering undue harassment, as a result of abuse of the process of the lower Court indulged upon by the  complainant, at  the  behest  of K. Jayamaharaja. Services have been effected on the respondents as early as 06.10.2007 and 12.11.2007 in the respective cases. As the respondent has chosen not to appear before this Court, despite the service, this court is inclined to act 
C.T.SELVAM,J.

Kj
upon the contention raised on behalf of the petitioner which is uncontroverted.

3. Accordingly, the criminal original petitions stand allowed and the complaint in S.T.C. No. 1308 of 2007 pending on the file of Judicial Magistrate, Rasipuram and the complaint in C.C. No. 75 of 2007 pending on the file of Judicial Magistrate, Harur, stands quashed. Consequently, the connected miscellaneous petitions are closed.

16.04.2010
kj

Index: Yes/No
Internet: Yes/No

To

1.The Judicial Magistrate
Harur.

2.The Judicial Magistrate No.I
Attur.

3.The Judicial Magistrate
Rasipuram.

Crl.O.P.Nos. 28748 & 33174 of 2007
and M.P. Nos. 1, 1 of 2007