Heard the learned Senior Counsel appearing for the petitioners and the learned counsel appearing for the respondent.

2. The petitioners have come forward with the present Criminal Original Petition to quash the case in S.T.C.No.1429/2011 pending on the file of the Judicial Magistrate No.II, Erode for the offences punishable under Section 138 of the Negotiable Instruments Act. The case of the respondent/complainant is that the petitioners herein had borrowed a sum of Rs.9,00,000/- on 05.01.2011 for urgent business purposes and to discharge the same, the petitioners had issued the cheque. However, when the said cheque was presented for encashment, it was returned as 'insufficient funds'. Hence, after the issuance of statutory notice, the present complaint has been preferred.

3. The learned Senior Counsel appearing for the petitioners would submit that the petitioner had actually borrowed a sum of Rs.5,00,000/- from one Bharath Kumar of Tiruppur, where the petitioners were doing business. At the time of borrowal, the said Bharath Kumar took blank signed pro-notes, blank stamp papers and blank white sheets and 3 signed cheques. Thereafter, he filed a suit in O.S.No.113 of 2011 on