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