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TMI Blog2022 (1) TMI 858X X X X Extracts X X X X X X X X Extracts X X X X ..... in the complaint that a sum of ₹ 14,00,000/- was borrowed by the petitioner through banking channels, however, no material whatsoever finds place in the complaint to substantiate such a payment - the contention of the petitioner that there is contradiction in the amount alleged to have been received by the petitioner in the notice and in the complaint assumes significance. In the absence of the Principal appearing before this Court to substantiate his case and there being no tangible materials based on which the complaint given by the Principal could be made out, this Court is of the considered opinion that the initiation of the complaint is only for the purpose of harassing the petitioner and cannot be said to be a pure case of ch ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for the reason ''Funds Insufficient''. Consequently the defacto complainant had issued a legal notice to the petitioner on 16.07.2017 to repay the amount within a period of 15 days from the date of receipt of the said notice. However, she neither paid the money nor given any proper reply to the notice. Therefore, the defacto complainant has lodged a complaint in S.T.C.No.373/2017, on the file of the learned Judicial Magistrate II, Cuddalore. 3. The learned counsel appearing for the petitioner submitted that petitioner's husband was taking care of their financial transactions from the date of marriage, till the date of their separation. The petitioner was not aware of any of the business transactions done by her husban ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the complaint that the cheque is alleged to have been issued on 15.5.2017, which was returned by the bank citing insufficient funds, whereinafter, the legal notice had been sent to the petitioner on 16.5.2017 to which reply is alleged to have been given on 29.5.17. 7. It is the case of the petitioner that her husband, who is acting as the power agent of his brother/respondent in this petition, has misused the blank signed cheques given by her after the petitioner had left her matrimonial home. It is the uncontroverted case of the petitioner that her financial affairs were looked after by her husband and that she was not aware of all the transactions and the issuance of cheques and that even her income tax returns were filed by her husba ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in favour of the petitioner on the materials available before this Court. 9. For the reasons aforesaid, in the absence of the Principal appearing before this Court to substantiate his case and there being no tangible materials based on which the complaint given by the Principal could be made out, this Court is of the considered opinion that the initiation of the complaint is only for the purpose of harassing the petitioner and cannot be said to be a pure case of cheque dishonour attracting Section 138 of the Negotiable Instruments Act. 10. Accordingly, for the reasons aforesaid, this Criminal Original Petition is allowed and S.T.C.No.373/2017, pending on the file of the learned Judicial Magistrate II, Cuddalore, is quashed. Consequent ..... X X X X Extracts X X X X X X X X Extracts X X X X
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