Prayer:- These Criminal Original Petition are filed to call for the records in CC.Nos.169/2005, 1780/2004, 4224/2005 and 4339/2003 on the file of the IX Metropolitan Magistrate, Saidapet, Chennai-15 and quash the same.
For Petitioner : Mr.N.Rajavadivelu For Respondent : Ms.Juliet Pusahpa, Legal Aid Counsel COMMON ORDER Since the Petitioner and the issue involved in these Criminal Original Petitions are one and the same, they are disposed of by this common order.
2. These Criminal Original Petitions are filed to quash the complaints in CC.Nos.169/2005, 1780/2004, 4224/2005 and 4339/2003 on the file of the IX Metropolitan Magistrate, Saidapet, Chennai-15.
3. The Petitioner is said to have availed a personal loan of Rs.3 lakhs on 26.6.2002, which is to be paid in 36 monthly installments of Rs.10,846/-. It is further alleged that towards due payment of future monthly installments, the Petitioner had issued cheques bearing Nos.337469 dated 7.9.2004 for Rs.10,846, 337459 dated 7.11.2003 for Rs.10,846, 337460 dated 7.12.2003 for Rs.10,846/-, 11325 dated 7.8.2004 for Rs.11,928/- and 337453 dated 7.5.2003 drawn on UTI Bank Limited, Chennai-17. When the said cheques were present for collection, the same were returned by the Bank with an endorsement "funds insufficient" and after complying with the statutory requirements, the Respondent has filed the complaints before the learned Magistrate, who has taken cognizance under Section 138 of the Negotiable Instruments Act.
4. The learned counsel for the Petitioner submits that the Petitioner has not availed any loan and it is her husband who has availed the loan and forged the signature of the Petitioner and issued the said cheques. However, as her husband committed suicide and in order to settle the dispute, she had paid a sum of Rs.2 lakhs as final settlement to the Respondent Bank and the same has been acknowledged by the Respondent Bank. In spite of the settlement, the Respondent Bank has not withdrawn the complaints and therefore, these Criminal Original Petitions have been filed to quash the complaints.
5. By letter dated 20.5.2005, the Respondent Bank has expressed its willingness to accept the settlement and stated that on payment of Rs.2 lakhs, this amount would be treated as full and final settlement and all legal cases pertaining to this account would be withdrawn. Based on the said agreement, the Petitioner has paid Rs.2 lakhs, which is evident from the receipt issued by the Respondent Bank dated 21.5.2005. As the entire amount has been paid by way of settlement, the criminal proceedings cannot be allowed to continue against the Petitioner and hence, the impugned complaints are liable to be quashed and accordingly, they are quashed. These Criminal Original Petitions are allowed. Consequently, the connected MPs are closed.
02.07.2009 Srcm To:
1.The IX Metropolitan Magistrate, Saidapet, Chennai-15
2.The Public Prosecutor, High Court, Madras