JUDGMENT

(Prayer: Criminal Original Petition has been filed under Section 482 of Cr.P.C., pleased to call for the records in C.M.P.No.3884 of 2023 in STC.NO.200 of 2021 on the file of the Judicial Magistrate, Fast Track Court - I, Erode, dated 05.07.2023 and set aside the same.)

The petitioner herein is the accused in STC.No.200 of 2021 on the file of Judicial Magistrate, Fast Track Court-I, Erode. This case arises from a private complaint filed under Section 138 of Negotiable Instrument Act.

2. The substance of the complaint is that, the accused/petitioner borrowed loan of Rs.1,50,000/- from the complainant and on the same day gave a post dated cheque. The cheque was presented for collection but returned with endorsement “insufficient fund”. The defence of the accused/petitioner is that, the subject cheque was not given to the complainant to discharge any existing debt payable to the complainant. The cheque was given as security to one Vela Finance in the year 2018 when the accused borrowed a sum of Rs.1,00,000/-. The said loan was paid in entirety with interest. However, the Vela Finance informed additional interest of Rs.7000/- to be paid and refused to give back the cheque. Vela F