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2020 Supreme(Mad) 1937

P.N.PRAKASH, B.PUGALENDHI
B. Vijayalakshmi – Appellant
Versus
R. Amaravathi – Respondent


Advocates:
Advocate Appeared:
For the Appellant : K.V. Manickavasagan for R. Jeyaratchagan
For the Respondent: K. Rajeshwaran

ORDER :

P.N. Prakash, J.

1. This Criminal Original Petition has been filed seeking to quash the prosecution in S.T.C. No. 630 of 2013 on the file of the Judicial Magistrate No. 1, (Fast Track Court), Madurai.

2. For the sake of convenience, the petitioner and the respondent will be referred to as 'accused' and 'complainant' respectively.

3. Before adverting to the referral order, it will be apposite to narrate the facts :

    3.1. It is the case of the complainant that the accused borrowed a sum of Rs. 2,25,000/- (Rupees Two Lakhs and Twenty Five Thousand only) on 12.01.2011 as loan promising to repay the same with interest at 24% p.a. Towards the said debt, the accused issued a cheque dated 12.04.2013 for Rs. 3,46,500/- (Rupees Three Lakhs Forty Six Thousand and Five Hundred only). The complainant presented the said cheque for collection on 18.04.2013 and the same was returned unpaid with the endorsement 'Funds Insufficient' on 19.04.2013.

3.2. The complainant issued a statutory demand notice on 30.04.2013 to the accused and on receipt of the same, the accused sent a reply notice dated 03.05.2013 repudiating the debt. Therefore, the complainant filed a complaint in S.T.C. No. 630 of 2013 fo

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