ORDER :

Whether the order of the Trial Court granting permanent exemption to the respondent from appearance before the Court in C.C.No.19587/2016 amounts to abuse of the process of the Court?” is the question involved in this case.

2. On the basis of the complaint filed by the petitioner under Section 200 of Cr.P.C. to prosecute the respondent for the offences punishable under Sections 419, 420 and 426 of IPC, the Trial Court took cognizance and registered the case in C.C.No.19587/2016.

3. It was alleged that the respondent availed loan of Rs.25,00,000/ from the petitioner for her education and towards repayment of the said loan, she issued several cheques. It was further alleged that amongst them, cheque No.000022 dated 03.03.2016 for Rs.2,50,000/-was drawn on H.D.F.C. Bank, Banashankari Branch, Bengaluru.

4. When presented, the said cheque was returned dishonoured with the endorsement “drawer’s signature differs”. The petitioner alleged that having availed the loan, to cheat her the respondent has deliberately signed in different mode than her regular signature leading to the dishonour of the cheque.

5. The Trial Court could not secure the respondent on summons, therefore issued non-b