S. PRATAP SINGH J.

The accused in C. C. No. 894 of 1991 on the file of the IX Metropolitan Magistrate, Saidapet, Madras, has filed this petition, under section 482, Criminal Procedure Code, praying to call for the records in the aforesaid C. C. No. 894 of 1991 and quash the same. The respondent has filed a private complaint against the petitioner arraying him as the accused. The allegations in it are briefly as follows :

The accused wanted a certain amount as a hand loan. The complainant, agreed and gave a hand loan. The accused promised to return the borrowed amount in stages and parted with post-dated cheques. One of the cheques, dated December 24, 1990, issued by the accused for Rs. 36, 250 was presented for encashment on January 11, 1991. It was returned with an endorsement " account closed " with a bank memo, dated January 18, 1991. The complainant sent a notice through a lawyer on January 19, 1991, to the accused by registered post with acknowledgment due. It was returned with an endorsement " not found " at the delivery time. The accused had deliberately evaded receipt of the registered notice. Hence, the complaint.

The petitioner seeks to quash this complaint.

Mr. A