ORDER

This criminal original petition has been filed to quash the proceedings in STC.No.3203 of 2022 on the file of the Judicial Magistrate No.III, Puducherry.

2. The petitioner is the second accused in the complaint lodged by the first respondent for the offence punishable under Section 138 of NI Act on the allegation that the petitioner and the second respondent had jointly borrowed a sum of Rs.18,00,000/- on 28.04.2019 for development of business and also for their family expenses. Both the accused assured the first respondent that the amount would be returned within three months for which they jointly handed over cheques dated 31.07.2019. On instruction, the cheques were presented for collection on 31.07.2019. However, all the cheques were returned dishonoured for the reason ‘funds insufficient’.

3. The learned counsel appearing for the petitioner would submit that the petitioner is arrayed as the second accused. Though cheques were issued from the joint account, the petitioner did not sign the che