IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 12.04.2010 CORAM THE HONOURABLE MR. JUSTICE C.T.SELVAM Crl.O.P.No.30883 of 2007 and M.P.Nos.1 and 2 of 2007 1.G.Krishnamoorthy 2.G.Mani ...Petitioners -Vs- M/s.Kotak Mahindra Bank Ltd., represented by its authorised signatory Mr.S.Gokul ...Respondent Criminal Original Petition filed under Section 482 of Criminal Procedure Code to call for the records in C.C.No.10972 of 2007 on the file of the learned VII Metropolitan Magistrate, George Town, Chennai and quash the same in so far as the petitioners are concerned. For Petitioners : Mr.V.Rajamohan For Respondent : No appearance O R D E R The petitioners seek to quash proceedings in C.C.No.10972 of 2007 pending on the file of the learned VII Metropolitan Magistrate, George Town, Chennai in so far as the petitioners are concerned. 2.In such case, the petitioners herein, who, even according to the complainant, admittedly are the co-borrower and guarantor to a loan granted to the 1st accused are facing prosecution. The short ground taken on behalf of the petitioners is that the principle borrower has issued the cheque giving rise to the cause of action and these two petitioners cannot be required to face prosecution for offence under Section 138 of the Negotiable Instruments Act, when they are not the signatories of the cheque and they are merely co-borrower and guarantor. https://hcservices.ecourts.gov.in/hcservices/ 3.A perusal of the compliant reveals that it is deliciously vague as to who has signed the cheque in question. Apparently, it must be the 1st accused, borrower and such fact specifically has not been stated in the complaint and the petitioners herein also are arrayed as accused. The complaint in the case as against the petitioners is a malafide one and deserves to be quashed. 4.Though, the matter has been repeatedly posted, there is no representation on behalf of the respondent. The position is that the complaint as regards the present petitioners herein is an abuse of process of law. This Court is not inclined to keep the matter pending further. 5.Accordingly, the Criminal Original Petition is allowed. The proceedings in C.C.No.10972 of 2007 pending on the file of the learned VII Metropolitan Magistrate, George Town, Chennai shall stand quashed in so far as the petitioners herein are concerned. Consequently, the connected miscellaneous petitions are closed. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar gm To The VII Metropolitan Magistrate, George Town, Chennai +1cc to Mr.N.Mohideen Basha,Advocate Sr 24142 SJ(CO) km/22.4. Crl.O.P.No.30883 of 2007 and M.P.Nos.1 and 2 of 2007 https://hcservices.ecourts.gov.in/hcservices/