JUDGMENT

(Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records in C.C.No.50 of 2019 on the file of the Judicial Magistrate Court (Fast Track), Mayiladuthurai and quash the same.)

1. This Criminal Original Petition is filed to quash the private complaint filed alleging dishonour of cheque value of Rs.45,00,000/- an offence punishable under Section 138 of NI Act.

2. The gist of the complaint:

The petitioner and his family members had borrowed money from the Respondent on various dates and to discharge the due, the petitioner agreed the overall due as Rs.45 lakhs and executed an undertaking letter dated 02/01/2019 and an even dated promissory note for the said sum. To discharge the said agreed loan, the subject cheque dated 07/01/2019 drawn at Bank of Baroda, Mayiladuthurai Branch was issued. The said cheque was presented for collection on 18/01/2019 as requested by the petitioner. However, the cheque returned with endorsement memo stating “the account closed” on 15/06/2013. Informing the petitioner about the dishonour of his cheque, the respondent gave a notice dated 18/02/2019 calling upon the petitioner to pay the cheque amount or to fac