O R D E R

This petition has been filed to quash the proceedings intiated by the respondent for the offence under Section 138 of Negotiable Instruments Act in C.C.No.388 of 2018 on the file of the Fast Track Court No.I (Magisterial Level), Coimbatore.

2. The respondent lodged a complaint alleging that on

19.01.2018, the first accused owes a sum of Rs.41,12,499/- and the second accused owes a sum of Rs.4,76,167/- to the respondent herein. Both A1 and A2 have been irregular in repayment of loan. On demand, both the accused had jointly issued a cheque for a sum of Rs.45,88,666/- to the amount due under the loan. On instruction, the cheque was presented for collection and the same was dishonoured with the endorsement 'funds insufficient'. After issuance of statutory notice, the respondent lodged a complaint for the offence under Section 138 of Negotiable Instruments Act.

3. The learned counsel for the petitioner would submit that though the cheque was issued from their joint account maintained by the first accused, petitioner/2nd accused and another, the alleged cheque was issued without the knowledge of the petitioner herein. That apart, the petitioner is not a drawer of the alleged chequ