1. Heard Mr. S. Prabhakaran, learned Senior counsel for the petitioners and Mr. S. Gajapathy for the respondent who appeared as party-in-person.

2. The brief facts of the case is that the defacto complainant's wife, Mrs. Geetha Gajapathy is an employee of Bank of India. Both the defacto complainant and his wife are joint account holders of S.B. A/c.No.8595 with Bank of India, Adyar Branch, Chennai. The complainant's wife also holds an Over Draft Account No.10233 in the same bank with a sanctioned over due limit of Rs.2,35,000/- and the respondent herein is the guarantor for the said Over Draft Account. On 31.03.2005, the respondent's wife had credit balance of Rs.2118.69 in the Over Draft Account. On 01.04.2005, one Mr. Muruganandam, Senior Manager, Bank of India had informed defacto complainant's wife that on 31.03.2005, the officer in-charge of advances had withdrawn a sum of Rs.2,35,000/- including credit balance of Rs.2118.69 from the Over Draft Account and deposited the same into her joint saving bank account bearing No.8559. However on 02.04.2005, the said sum of Rs.2,35,000/- was again withdrawn from the saving bank account and redeposited into the Over Draft Account t