This is a peculiar case wherein both the petitioner/accused and the counsel for the accused are accused of suppression of facts as well as misleading of the Metropolitan Magistrate Court, the Sessions Court and this court.

2. This 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 of 1998 on the file of the VII Metropolitan Magistrate, George Town, Chennai on a private complaint filed by Krishna Reddy, the respondent herein, for the offence under S. 138 of the Negotiable Instruments Act.

(b) According to the complaint, 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 the interest as reckoned up to 31-3-98. These cheques were presented on 31-3-98 and the same were dishonored on 2-4-98. On 6-4-98, the complainant sent a statutory notice demanding the cheque amount, to the petitioner/accused.

(c) After receipt of the said notice on 17-4-98, the petitioner sent a reply without making any payment of the cheque amount. The