G KRISHNAMOORTHY Vs. KOTAK MAHINDRA BANK LTD

JUDGEMENT

(1.) The petitioners seek to quash proceedings in C.C.No.10972 of 2007 pending on the file of the learned VII Metropolitan Magistrate, George Town, Chennai in so far as the petitioners are concerned.

(2.) In such case, the petitioners herein, who, even according to the complainant, admittedly are the co-borrower and guarantor to a loan granted to the 1st accused are facing prosecution. The short ground taken on behalf of the petitioners is that the principle borrower has issued the cheque giving rise to the cause of action and these two petitioners cannot be required to face prosecution for offence under Section 138 of the Negotiable Instruments Act, when they are not the signatories of the cheque and they are merely co-borrower and guarantor.

(3.) A perusal of the compliant reveals that it is deliciously vague as to who has signed the cheque in question. Apparently, it must be the 1st accused, borrower and such fact specifically has not been stated in the complaint and the petitioners herein also are arrayed as accused. The complaint in the case as against the petitioners is a malafide one and deserves to be quashed.