This Criminal Original Petition has been filed to quash the private complaint filed against the petitioner under Section 138 of Negotiable Instruments Act which is now pending on the file of the Learned Judicial Magistrate, Erode in S.T.C.No.789 of 2010.
2. The allegation in the complaint is that the petitioner has borrowed a sum of Rs.1,75,000/- from the respondent on 24.05.2010 and issued one cheque bearing No.741300 for a sum of Rs.1,75,000/- dated 25.06.2010 and when the same was presented by the respondent through his banker, it was returned by the drawer's bank for the reason “funds insufficient”” on 26.06.2010 and thereby alleging that the petitioner has committed an offence under Section 138 of Negotiable Instruments Act.
3. The present quash petition has been filed by the petitioner/accused on the grounds stating that excepting the cheque the respondent has not produced any other document to prove the liability that the petitioner has borrowed a sum of Rs.1,75,000/- from the respondent. Further, it is also stated that without obtaining pronote or any document paying such a huge amount to third person is highly unimaginable and thereby the complaint is concocted one. Further, it was submitted that the alleged blank cheque was issued to one S.Rangaraj of Bhavani on 03.01.2010 with a request to arrange funds of Rs.15,000/- for his urgent needs and that the said Rangaraj expressed his inability to procure funds. Further, he failed to return the cheque within a week and that the cheque had been misused by the complainant to initiate proceedings against him under the Negotiable Instruments Act.
4. Further grounds were also raised by the petitioner stating that he is working in the school and imparting education to the poor students and that the cheque had been misused. This court has gone through the complaint. All these grounds raised by the petitioner are all factual aspects which can be decided by examination of witnesses before the trial court. The grounds raised by the petitioner do not make out any ground for quashing the criminal complaint.
5. Accordingly, this Criminal Original Petition is dismissed.
Since the S.T.C is pending before the trial court from the year 2010, the learned Judicial Magistrate No.I, Erode is directed to accord priority to the case and complete the trial as expeditiously as possible within a period of six months from the date of receipt of a copy of this order. Consequently, the connected miscellaneous petitions are closed.
14.09.2017
A.D.JAGADISH CHANDIRA, J
uma To The Judicial Magistrate No.I, Erode.
Crl.O.P.No.552 of 2011
14.09.2017