K. R. KARTHIKEYAN Vs. V. PRATAP KUMAR

JUDGEMENT

(1.) This Criminal Original Petition has been filed by the petitioner seeking to quash the complaint filed by the respondent against him in C.C. No. 341 of 2011 on the file of the Judicial Magistrate Court, Padmanabhapuram.

(2.) The case of the prosecution is that the petitioner borrowed a sum of Rs. 1,19,500/- from the respondent. Accordingly, the petitioner issued the following 3 cheques drawn on ICICI Bank, Coimbatore Branch, to the respondent.

(3.) The learned counsel for the petitioner submitted that the petitioner was one of the Directors of M/s. Hedtra Forex Solutions and the other Director, being one Mr. Desouza. The cheque was issued on behalf of the said company duly signed by the petitioner and the other Director Mr. Desouza. He further submitted that the respondent in the notice as well as in the complaint has stated that as if the petitioner had borrowed money in his personal capacity and had issued the cheques in his individual capacity. A mere perusal of the cheque would indicate that the cheque was issued on behalf of the company and the respondent had preferred the complaint only against the petitioner in his individual capacity. Aggrieved by the said complaint preferred by the respondent, the petitioner has filed the present Criminal Original Petition.