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2022 Supreme(Online)(MAD) 8697

HIGH COURT OF MADRAS
Hon`ble Mr Justice G.K. ILANTHIRAIYAN
A.THANIGAIVEL ADIYAPATHAM – Appellant
Versus
M/S.ANDHRA BANK – Respondent


ORDER

This Criminal Original Petition has been filed to quash the proceedings in C.C.No.1092 of 2019 on the file of the learned Metropolitan Magistrate, FTC-I, Allikulam, Chennai initiated for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881. The petitioner is the sole accused and the complaint lodged by the respondent.

3. The course of the complaint is that the respondent/complainant sanctioned housing loan facilities of Rs.13,70,000/- to the accused through sanction letter No.1606/53/HLP/141 dated 17.01.2013. On receipt of the entire loan amount the petitioner executed loan and security documents in favour of the respondent and provide loan facility in order to repay entire loan amount by way of EMI. The petitioner issued cheque for a sum of Rs.16,750/- dated 19.07.2018. The respondent presently cheque for commercial and the same was returned for a reason ''Funds Insufficient''. Thereafter, the respondent caused statutory notice under Section 138 of the Negotiable Instruments Act, 1881 and lodged complaint.

4. Learned counsel for the petitioner would submit that the petitioner is working in a Private Company and while being so the respondent bank along

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