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TMI Blog2018 (9) TMI 999X X X X Extracts X X X X X X X X Extracts X X X X ..... the present complaint is nothing but abuse of process of law. The complaint cannot be sustained and it is liable to be quashed - Petition allowed. - Crl.O.P.(MD).No.15960 of 2013 And M.P(MD).No.1 of 2013 - - - Dated:- 4-9-2018 - Mr. G. K. Ilanthiraiyan J. For the Petitioners : Mr.N.Mohideen Basha For the Respondent : No appearance ORDER This quash petition is filed to quash the criminal proceedings in C.C.No.287 of 2007 on the file of Judicial Magistrate No.1, Udumalpet having been taken cognizance for the offences under Section138 of Negotiable Instrument Act against the petitioner/Accused. 2.The case of the respondent/complainant is that the petitioner is known to him. The petitioner and her son borrowed a sum ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he respondent and her husband stating that in June 2003, the petitioner and her son borrowed a sum of ₹ 6,00,000/-, in which, ₹ 2,00,000/- has been deducted as interest and remaining amount only lend by the respondent herein. At the time of borrowal of loan, the respondent obtained signed blank promissory notes and also two signed blank cheques drawn on State Bank of India, Main Branch, Trichy from the petitioner in the month of April 2004. Again, the petitioner and her son borrowed a sum of ₹ 15,00,000/-, in which ₹ 5,00,000/- has been deducted for future interest and remaining amount of ₹ 10,00,000/- only lend to the petitioner and her son. On the said date, the petitioner and her son registered the mortgage ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he time of borrowing the loan viz., in the year 2003 and 2004 for collection as they were not issued in discharging of any liability. The very relevant portion of the said notice is as follows: 2.My clients during the relevant period were hardly pressed for money for the discharge of his father's liabilities and for his business. Hence my clients were in a financially strained position, they agreed for the condition imposed by you for lending the money and received cash of ₹ 4 lakhs and put their signatures in blank pronote forms. At that time my client No.2 signed two blank cheques on State Bank of India, Main Branch, Trichy as demanded by you. 3.In April 2004, my clients were in need of money of ₹ 15 lakhs. They ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not in cash. 6.While things are like that on 20.11.2005, your husband came with number of rowdy elements to the house of my clients at Trichy and threatened them to pay interest at the 'Metre rate' of interest and told them of the interest is not paid he will trespass into the house of my clients at Kodaikanal and cause damage to the things therein and also assault my clients causing permanent disability to them. If such an act is repeated, my clients will take action against you under the Prevention of Money Laundering Act, Prevention of Charging Exorbitant Interest Act and other relevant acts in the Criminal Court. Please refrain from threatening my clients. Otherwise legal action will be taken against you. You are also hereb ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ifically averred the cheque particulars and pronotes obtained by the respondent herein. Therefore, the present complaint is nothing but abuse of process of law. 8.It is seen from the facts and circumstances of this case, though it is disputed questions of facts, from seeing the notice dated 22.11.2005 and the reply notice dated 02.12.2005, it is clear abuse of process of law. That apart, the alleged cheques were not issued for any legally enforceable debt. It is also proved from the notice dated 22.11.2005 that the said alleged cheques and other pronotes were obtained by the respondent/complainant at the time of borrowal of loan in the year 2003 and 2004. Therefore, the alleged cheques were not issued by the petitioner for any legally en ..... X X X X Extracts X X X X X X X X Extracts X X X X
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