CREATURE EXPORT FIRM AND ORS. Vs. C. KESAVAN

JUDGEMENT

(1.) Heard the learned Senior Counsel appearing for the petitioners and the learned counsel appearing for the respondent.

(2.) The petitioners have come forward with the present Criminal Original Petition to quash the case in S.T.C. No. 1429/2011 pending on the file of the Judicial Magistrate No. II, Erode for the offences punishable under Sec. 138 of the Negotiable Instruments Act. The case of the respondent/complainant is that the petitioners herein had borrowed a sum of Rs. 9,00,000/ - on 05.01.2011 for urgent business purposes and to discharge the same, the petitioners had issued the cheque. However, when the said cheque was presented for encashment, it was returned as 'insufficient funds'. Hence, after the issuance of statutory notice, the present complaint has been preferred.

(3.) The learned Senior Counsel appearing for the petitioners would submit that the petitioner had actually borrowed a sum of Rs. 5,00,000/ - from one Bharath Kumar of Tiruppur, where the petitioners were doing business. At the time of borrowal, the said Bharath Kumar took blank signed pro -notes, blank stamp papers and blank white sheets and 3 signed cheques. Thereafter, he filed a suit in O.S. No. 113 of 2011 on the file of the II Additional Judge, Tiruppur contending that the petitioners had borrowed a sum of Rs. 15,00,000/ - from him and also obtained a decree, against which an appeal in A.S. No. 384 of 2015 is pending before this Court. While so, the said Bharath Kumar had given a cheque given by the petitioners to his father -in -law, C.Kesavan, who is the respondent herein.