G. K. ILANTHIRAIYAN, J.

1. This quash petition is filed to quash the private complaint in S.T.C.No.1871 of 2010 on the file of the Judicial Magistrate Court No.1, Kuzhithurai having been taken cognizance for the offence under Section 138 of Negotiable Instrument Act read with Section 142 of Negotiable Instrument Act as against the petitioner herein.

2. The respondent filed a complaint to punish the petitioner for the offence under Section 138 of Negotiable Instrument Act read with Section 142 of Negotiable Instrument Act, alleging that the petitioner and the respondent are friends. On 04.10.2009, the petitioner approached the respondent/complainant and requested to lend a sum of Rs. 2 lakhs for his family need. The petitioner also agreed to repay the same, within a month. The respondent lent a sum of Rs. 2 lakhs to the petitioner and towards repayment of the said loan, the petitioner issued a cheque bearing No.083190 dated 10.11.2009 drawn on Indian Overseas Bank, Marthandam Branch. On instructions, the said cheque was presented through the respondent bank and the same was returned for the reason "funds insufficient". Thereafter, he also issued statutory notice to the petitio