SENTHIL RAJAN Vs. S.JAISHANKAR

JUDGEMENT

(1.) This Criminal Original Petition is filed to call for the records relating to the proceedings in C.M.P.No.7229 of 2010 in un-numbered S.T.C. No....of 2010 on the file of the Judicial Magistrate Court No.II, Pollachi and quash the same, thereby allow the present Criminal Original Petition as prayed for.

(2.) The learned counsel for the petitioner submits that the petitioner is an officer in the Income Tax Department and is working at Madurai from 07.05.2009 onwards. Between 2002 and 2007, he was working in the Office of the Income Tax Department at Pollachi and thereafter, he was transferred to Ramanathapuram before being posted to Madurai. While he was working at Pollcachi, for the purpose of his banking operations, he opened a Savings Bank Account bearing No.611201505667 with ICICI Bank Limited, Pollachi. On his transfer from Pollcachi, the petitioner for the purpose of closing the bank account contacted the Branch Manager, ICICI Bank Limited, Pollachi and as per the advice of the Branch Manager of the Bank, the ATM card and un-used, un-filled and unsigned cheque leafs were returned by the petitioner through registered post with acknowledgment due.

(3.) The learned counsel for the petitioner further contended that the fact being so, the petitioner received a statutory notice under Section 138 from the respondent on 30.01.2010, wherein a demand for Rs. 5,00,000/- (Rupees five lakhs only) has been made, as though the petitioner borrowed the amount from the respondent and the date of the cheque has been mentioned as 18.01.2010 bearing No.567735.