ORDER

M. Karpagavinayagam, J. - This is a peculiar case wherein both the petitioner I accused and the Counsel for the accused of suppression of facts as well as misleading of the Metropolitan Magistrate Court the Sessions Court and this Court.

2. The factual matrix, which are quite interesting and equally disturbing, are given below:-

(a) P.V.R.S. Manikumar, the petitioner herein, is the accused in C.C. No. 3316/0f 1998 on the file of the VIIth Metropolitan Magistrate, George Town. Chennai on a private complaint filed by Krishna Reddy the respondent herein for the offence under Section 138 of the Negotiable Instruments Act.

(b) According to the complainant the accused gave two cheques dated 15-12-1997 and 31-3-1998 for Rs. 6,50,000/- and Rs. 7,25,920/- respectively. The first cheque was towards the principal and -the second cheque was towards interest as reckoned upto 30-3-1998. These cheques were presented on 31-3-1998 and the same were dishonoured on 24-1998. On 6-4-1998, the complainant sent a statutory notice demanding the cheque amount to the petitioner / accused.

(c) After receipt of the said notice on 17-4-1998 the petitioner sent a reply without making any payment of the