S. ESWARAN Vs. HUSSAIN SHERIFF

JUDGEMENT

(1.) These Criminal Original Petitions are filed under Sec. 482 of the Criminal Procedure Code by one Thiru.Eswaran alleging that the private complaints under Sec. 138 of Negotiable Instruments Act, 1881 by the respondents are liable to be quashed since Doulath Basha and his relatives have misused four cheques given as security for the loan availed from Doulath Basha the four different complaints in four different names been filed with frivolous contentions that the petitioner has given the subject cheques to discharge the loan availed from them.

(2.) According to the petitioner he was working as Daily Deposit Collector in REPCO Bank, Dharmapuri. For his daughter's treatment, the petitioner borrowed hand loan of Rs.1,00,000.00 from Doulath Basha, for which two blank cheques was obtained as security besides signature in blank stamp paper was also obtained. On re-payment of the loan amount, Doulath Basha promised to return those cheques and blank signed stamp papers. Even after repaying Rs.2,00,000.00, Doulath Basha refused to return the cheques and the signed stamp papers. Therefore, complaint was given against Doulath Basha before District Crime Branch and also a petition for direction before Hon'ble High Court was filed, to take action against Doulath Basha and his relatives who are forcing to pay exorbitant rate of interest. In the context, Doulath Basha in his name and in the name of the two sons and wife had presented four cheques. <FRM>JUDGEMENT_280_LAWS(MAD)12_2022_1.html</FRM>

(3.) Contending that it is the habit of Doulath Basha presenting the cheques issued as security by filling it up with exorbitant amount and filing complaint in the name of the relatives. Narrating some of the incident in connection with one Poornima Devi, who suffered prosecution at the hand of Doulath Basha and his relatives. The Learned Counsel for the petitioner would submit that the complainants have not made out any prima facie case of financial transaction with them or liable to repay the amount. Further, would submit that the complainants have not disclosed the source of Income to lend several lakhs of rupees as loan.