JUDGMENT

(Prayer: Criminal Original Petition has been filed under Section 482 of Cr.P.C., to call for the records pertaining to the complaint pending in C.C.No.10799 of 2018 on the file of the Metropolitan Magistrate Cum Fast Track Judge-III, Madras and quash the same in so far as the petitioner is concerned as arbitrary, unsustainable in law and on facts.)

1. The petitioner herein is arrayed as the third accused in C.C.No.10799 of 2018 (on the file of Metropolitan Magistrate cum Fast Track Court No.III, Saidapet, Chennai), in a private complaint for offence under Section 138 of Negotiable Instruments Act, 1881.

2. The gist of the complaint runs as under:-

The petitioner is one of the Director of Gevika Agro Food (P) Ltd. Her company borrowed business loan of Rs.25 lakhs from the complainant Bank and agreed to repay the loan in equated monthly instalment. The Managing Director of the Company Mr.Kalyankumar and this petitioner as a Director given personal guarantee for the repayment. To discharge the loan the company issued cheque dated 23/05/2018 for Rs.25,68,310/- signed by the Managing Director of the company Mr.Kalyankumar. The cheque was presented for collection on 23