O R D E R

The petitioner, who was arrayed as an accused in a private complaint filed by the respondent for offence under Section 138 of the Negotiable Instruments Act, has filed this Criminal Original Petition seeking to quash the proceedings in S.T.C No.131 of 2022, pending on the file of Fast Track Judicial Magistrate No.1, Erode.

2. The case of the prosecution is that on 09.11.2020, the petitioner / accused borrowed a sum of Rs.12,00,000/- (Rupees Twelve Lakhs only) from the respondent / complainant and agreed to pay interest at the rate of 12% per annum. In discharge of liability, the petitioner / accused issued a post-dated cheque bearing No.00004, dated 19.12.2020 for a sum of Rs.12,00,000/- (Rupees Twelve Lakhs only) drawn on Bank of Baroda, Moolapalayam Branch, Erode. The respondent / complainant presented the same for collection through ICICI Bank, Sathy Road Branch, Erode on 19.12.2020. But the said cheque returned with an endorsement “Kindly Contact Drawer Drawee Bank and Please Present again”. It is further alleged in the complaint that due to return of the said cheque by the Bank, the respondent / complainant sent a legal notice under Section 138(b) of the Negotiable In