RIYA DAVID Vs. T MANIKANDAN

JUDGEMENT

(1.) This quash petition is filed to quash the criminal proceedings in C.C.No.35 of 2014 on the file of the Judicial Magistrate, Valliyoor, arising out of Section 138 of Negotiable Instrument Act, filed by the respondent/complainant.

(2.) The case of the complainant is that on 06.08.2013, the petitioner approached the respondent to avail a loan to the tune of Rs. 3 lakhs and promised to repay the said loan, within a period of three months with interest at the rate of 1%. On 11.08.2013, the respondent lend loan to the petitioner to the tune of Rs. 3 lakhs and towards repayment of the same, on 11.11.2013, the petitioner issued a cheque bearing No.635789 drawn on Axis Bank, Ashok Nagar, Chennai. On instructions, the respondent, on 11.11.2013, deposited the said cheque for collection and it was returned dishonoured for the reason that insufficient funds. Therefore, the respondent issued statutory notice on 10.12013 and after receipt of the same, the petitioner neither paid the cheque amount nor issue reply notice to the respondent. Hence, the complaint.

(3.) The learned counsel appearing for the petitioner would raise the following grounds to quash the criminal proceedings against the petitioner herein: