R. RAMESH KUMAR Vs. M. MAHARAJA

JUDGEMENT

(1.) This petition has been filed to quash the proceedings in S.T.C.No.495 of 2020 pending on the file of the learned Judicial Magistrate No.1, Salem, thereby taken cognizance for the alleged offence punishable under Sec. 138 of Negotiable Instrument Act.

(2.) The respondent lodged a complaint for the offence punishable under Sec. 138 of Negotiable Instrument Act, alleging that the petitioner and the respondent are friends. Due to their friendship, the petitioner borrowed a sum of Rs.1,75,000.00 for his urgent family and business expenses. As per the said request, the respondent arranged a loan in favour of the petitioner herein. In order to repay the said amount, the petitioner issued a cheque for a sum of Rs.1,75,000.00 and the same was presented for collection on 5/8/2019. However, it was returned for the reasons 'payment stopped by drawer' as per Memo dtd. 6/8/2019. After execution of statutory notice, the respondent lodged a complaint.

(3.) Though notice has been served on the respondent and his name is printed in the cause list, there is no representation for the respondent either in person or through counsel.