The petitioner who is the second accused has filed this Criminal Original Petition to quash the proceedings pending in C.C.No.3787 of 2011 on the file of the learned Metropolitan Magistrate, FTC-I, Egmore, Chennai-8.

2. For better appreciation of the case, relevant paragraphs in the complaint in C.C.No.3787 of 2011 are extracted hereunder in verbatim.

“3. The complainant state that the first accused is a partnership company under the name and style of M/s. SHAAN GRANITES having office at No.3/2 Canal Bank Road, East CIT Nagar, Nandhanam, Chennai-600 035 as per partnership deed dated 25.03.2008 and carrying out the Granites business. The Second to Fourth accused are partners of the first accused company and also representing the first accused company. While so the Complainant had entered into an agreement dated 27th day of March 2008 with the First Accused Company to raise granite blocks thereby the business commenced between the Complainant and the First Accused Company. During the business transactions the Third Accused had issued a cheque on 15.05.2010 bearing No.205200 drawn on ICICI Bank Limited, Santhome Branch, Chennai for a sum of Rs.20,70,000/- (Rupees Twenty lakh and Seventy thousand only) the term of agreements and Memorandum of understanding dated 27.03.2008 and 06.01.2010 respectively but the same was returned with an endorsement “INSUFFICIENT FUNDS”.

4. The Complainant further states that when he informed about the dishonour of the cheque the Accused had requested the Complainant to represent the same once again. As per their advise and keeping good faith upon the accused the complainant had re presented the said cheque for collection through AXIS Bank No.4, Good Shed Street, Madurai but to his shock and surprise the said cheque was once again dishonoured with an endorsement INSUFFICIENT FUNDS for which the complainant had caused a legal notice dated 14.07.2010.

5. The Complainant further states that the Accused No.2 to 4 had come to the Complainant's Office and pleaded apologies on 15.06.2011 and have issued a post dated cheque dated 18.06.2011 for Rs.45,00,000/- (Rupees Forty Five Lakh only) bearing No.205198 drawn on ICICI Bank, Santhome Branch, Chennai after calculating the complete due along with the liability amount of Rs.20,70,000/- (Rupees Twenty lakhs and Seventy thousand only).

6. The Complainant further states that keeping good faith upon the Accused for the second time the Complainant had presented the above said cheque bearing No.205198 dated 18.06.2011 for Rs.45,00,000/- drawn on ICICI Bank, Chennai through his banker's Andhra Bank, Triplicane Branch, Chennai-600 005. To his shock and surprise the above said cheque had been returned unpaid by the Banker's of the Accused along with a Memorandum denoting the term INSUFFICIENT FUNDS as the reason for the return of the Cheque unpaid dishonoured as per their Memo dated 20.06.2011.

7. The Complainant states that within the stipulated time granted under the Act the Complainant sent a legal notice by Registered Post with acknowledgment due to the Accused on 04.07.2011 calling upon the accused to settle the account within 15 days from the date of receipt of the notice. The Notice sent to Accused 2 to 4 out of which the Second accused received the said notice and the notices sent to other accused were returned un-served.

8. The Complainant stated that the Accused failed to pay the entire cheque amount within 15 days as stated supra. Hence the Complainant is forced to file this Complaint under Section 138 of the Negotiable Instruments Act.

9. The cause of action for the above complaint arose at Chennai where the Accused and the Accused Bank lies within the jurisdiction of this Honb le Court; on 18.06.2011 when the Accused had issued the cheque is in question at Chennai; on 18.06.2011 when the above said cheques was presented for collection; when the above said cheques was returned unpaid as INSUFFICIENT FUNDS; On 20.06.2011 when the Accused Bank has issued a Mem