P.S.A. RAFICK AHAMED Vs. P. KARUPPUSAMY

JUDGEMENT

(1.) This petition is filed seeking a direction to quash the complaint in S.T.C. No. 31 of 2015 on the file of the Judicial Magistrate, Fast Track Court at Magistrate Level, Thanjavur.

(2.) The respondent herein as complainant lodged a complaint before the Judicial Magistrate, Fast Track Court at Magistrate Level, Thanjavur under Sec. 138 of the Negotiable Instruments Act, alleging that for discharging the debt received by the petitioner herein, he issued cheques to the respondent and the same were returned with an endorsement 'insufficient fund'.

(3.) The case of the petitioner is that since he incurred heavy loss in his business and he is not in a position to repay the debts to the lenders, he has filed Insolvency Petition before the Principal Subordinate Judge, Thanjavur in I.P. No. 4 of 2014, praying to declare him as an insolvent and the same is pending and knowing the same, the respondent hurriedly filled up the blank cheques and presented the same before the bank. The petitioner has also repaid a portion of the amount to the respondent. But, the respondent threatened him with goondas and in this regard, the petitioner lodged a complaint before the police. The petitioner had issued the blank cheques only towards security. The respondent has filed the present complaint, so as to harass the petitioner. Therefore, the petitioner has come forward with the present petition to quash the complaint.