PRAYER: Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records relating to the proceedings in S.T.C.No.1106 of 2025 on the file of the learned Judicial Magistrate No.1, Kumbakonam and quash the same as against the petitioner.

For Petitioner : Mr.P.Vadivel

ORDER

The present petition has been filed by the sole accused in S.T.C.No. 1106 of 2025, on the file of the learned Judicial Magistrate No.1, Kumbakonam, seeking to quash the private complaint initiated under Section 138 of Negotiable Instruments Act.

2. According to the learned counsel appearing for the petitioner, the blank cheque was issued by the petitioner to the complainant only as a security for the loan borrowed by his father and no debt was subsisting. In such circumstances, when there is no existing debt, invoking the provisions of Section 138 of Negotiable Instruments Act would not get attracted. He further submitted that a sum of Rs.1,48,97,512/- was credited to his account on 09.10.2020 and on the same day, at the request of the complainant it was recredited to the account of the complainant. In such circumstances, the petitioner has not recieved any amount from the defacto complainant.

3. Heard the learned counsel appearing for the petitioner and perused the materials available on record.

4. The defence taken by the petitioner would clearly indicates that, according to him, the cheque was issued only as a security for the loan borrowed by his father and there is no debt subsisting. As far as the petitioner is concerned, this Court is of the considered opinion that it is a subject matter for trial and it cannot be decided in the proceedings. Preserving the right of the petitioner to raise all the defence, the personal appearance of the petitioner herein shall be dispensed with by the trial Court unless specifically directed to appar before the trial Court.

5. Accordingly, this Criminal Original Petition is dismissed. Consequently connected Miscellaneous Petitions are closed.