TMI Blog2014 (8) TMI 1231X X X X Extracts X X X X X X X X Extracts X X X X ..... h sides. 2. This petition is filed by the accused to quash the proceedings in CC.No.105 of 2013 pending against him, before the Fast Track Magistrate Court No.I, Coimbatore, arising out of the complaint given by the first respondent herein, for the offence under Section 138 of the Negotiable Instruments Act. 3. This quash petition is filed mainly on the ground that the cheque was not issued by t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... However, this court is not inclined to accept such contention raised on the side of the petitioner/accused for the following reasons. 5. Here is the case, wherein the private complaint was filed on 30.7.2012 stating that the amount of Rs.7,00,000/- was paid by way of cash to the accused and the cheque bearing No.114866 dated 5.6.2012 drawn on ICICI bank issued by the accused for the same, assurin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... otherwise of such theory cannot be gone into by this court in this quash petition, which is summary in nature. 6. At this juncture, the learned counsel for the first respondent defacto complainant would bring it to the notice of this court that the trial was already commenced and the complainant side evidence was also closed. That being the stage of the proceedings, this court feels that it is no ..... X X X X Extracts X X X X X X X X Extracts X X X X
|