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TMI Blog2018 (6) TMI 1367X X X X Extracts X X X X X X X X Extracts X X X X ..... .C.No.1142 of 2012 on the file of the learned Judicial Magistrate No.II, Coimbatore. 2. The respondent/complainant had filed a private complaint under Section 200 Cr.P.C., against the petitioner/accused for an alleged offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the 'NI Act') 1881. 3. The case of the respondent/complainant is th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ndent/complainant. When the cheque was presented for an encashment/realization by the complainant through his bankers viz., M/s. Tamil Nadu Mercantile Bank Limited, the same was returned for the reason insufficient funds . Therefore, the respondent/complainant issued a statutory notice to the petitioner/accused on 17.07.2012 and the petitioner/accused sent a reply notice dated 20.07.2012 which acc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ravanan Estates Private Limited only on the assurance given by the accused and that the accused towards part payment issued a cheque for a sum of Rs. 25,00,000/- (Rupees Twenty Five Lakh Only). He relied on the decision in the case of Mahar Banu v. N.Justin, reported in [(2001) M.L.J. (Crl.) 74], and contended that the question as to whether the cheque was issued in discharge debt or not is a matt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gs cannot be quashed especially when there is a clear cut statement in the complaint that the accused gave an assurance to the complainant to pay the balance amount of Rs. 3,58,87,500/- at the time of execution of the documents. As rightly pointed out by the learned counsel appearing for the respondent/complainant the question as to whether the cheque was issued in discharge of the debt or not is ..... X X X X Extracts X X X X X X X X Extracts X X X X
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