A RAJENDRA KUMAR Vs. S JAYASIMMAN

JUDGEMENT

(1.) The petitioner has come forward with this petition under Section 482 of Code of Criminal Procedure, seeking to quash the proceedings in C.C.No.317 of 2015 on the file of the learned Judicial Magistrate No.1, Chengalpet.

(2.) The respondent herein has preferred a private complaint stating that the petitioner has borrowed a sum of Rs.18 lakhs from the respondent and to discharge the same, he issued a cheque dated 05.06.2015 for Rs.20 lakhs. When it was presented for encashment, that has been returned as "insufficient funds" on 05.09.2015. After issuance of statutory notice, since the petitioner herein has not repaid the amount, he preferred a complaint against the petitioner under Sections 138 and 142 of Negotiable Instrument Act.

(3.) The learned counsel for the petitioner would submit that the petitioner herein has borrowed only Rs.9 lakhs, that has been evidence by page No.2 of the typed set of papers and the said amount has been repaid by the petitioner on 22.05.2015, which was evidenced by page No.3 of the typed set of papers. He further submitted that the cheque has been given only as a security. Hence, he prays that the complaint has to be quashed.