N. MURUGESAN Vs. ICICI BANK LTD

JUDGEMENT

(1.) THIS Criminal Original Petition has been filed by the petitioner to call for the records in C.C. No. 1542 of 2008 on the file of Judicial Magistrate IV, Tirunelveli, and quash the same.

(2.) THE petitioner has pointed out in the petition that the complaint has been filed without following the mandatory provisions of Section 138 of the Negotiable Instruments Act, 1881.

(3.) THE petitioner has submitted that the respondent bank has filed a complaint under Section 200 Cr.P.C. and Section 138 of Negotiable Instruments Act, which has been taken on file by the learned Judicial Magistrate No. IV, Tirunelveli, in C.C. No. 1542 of 2008, now pending for disposal. Further, the petitioner himself has admitted in the petition that he has applied to the respondent bank for a loan of Rs. 1,00,000/ - during 2nd December 2006 and the petitioner has approached the respondent bank for getting loan only at the rate of 10% interest. Further, the petitioner has admitted that the respondent bank has issued a legal notice dated 23.08.2007 to the petitioner, in which it has been stated about the loan amount borrowed by the petitioner. Further, in the typed set papers filed along with the petition, at page number 4, the petitioner has enclosed the legal notice dated 23.08.2007 issued by the respondent bank. Further, the petitioner has stated that the respondent bank has issued the notice to the wrong address and the respondent has failed to file the complaint within the stipulated period.