IN THE COURT OF THE VII METROPOLITAN MAGISTRATE

EGMORE CHENNAI

C.C.No. 1460 of 2010

HSBC BANK,
Represented by its
________________,
Mr.________________,
No.30, Rajaji Salai,
Chennai- 600 001 …Petitioner/Complainant

Vs

Mrs. S. Rajakumari,
New No.90, Old No.24 & 25,
Chiranjeevi Flats,
Tower Medavakkam Main Road,
Chennai- 600 117 …Respondent/Accused

PETITION FILED UNDER SECTION 257 OF CR.P.C

It is most respectfully submitted as follows:

1. The Complainant herein filed the above calendar case against the
Accused for an offence punishable under section 138 of the
Negotiable Instruments Act. The above case is posted today for the
appearance of the Accused.

2. In the meantime, parties have come for a settlement and pursuant

to the settlement and subject to the terms setout hereunder, the
Accused has this day paid Rs. 1,70,866/- [Rupees one lakh seventy
thousand eight hundred and sixty six only] by cash towards the
returned cheques and the Complainant has received the same
towards full and final settlement of the subject Cheques and files
this petition for withdrawal of the above complaint.

3. The Accused herein availed a loan of Rs.9,19,000/- from the

Complainant Vide A/c. No.042-254037-872, promising to repay the
same by 48 monthly installments under the Electronic Clearing
Scheme[ESC]. To facilitate such ECS clearing, the Accused had
issued 3 Cheques and also issued ____ more cheques towards
security for the due payment of the loan amount.
4. Since availing the said loan, the Accused had been making the
payments regularly. During January 2009, The Accused’s bank,
which had been an extension counter, till then, was converted to a
regular branch and its MICR number was changed. Due to the said
change in the MICR number, the ECS payments were not hounoured
by the bank. When this was informed to the Accused, she received
the correct MICR number from the bank and forwarded it to the
Complaint and requested the Complaint to quote the new MICR
number for subsequent ECS transactions. Due to said technical
reason, the payments between ______________ to _____________ were
not received by the Complainant. On consensus it was agreed that
pending settlement of the said amount, the Accused shall continue
to make the subsequent installments by cash. Accordingly the
Accused has been paying the installments regularly upto this day.

5. In the meantime, towards the amount due for the period between
_______ to __________, the Complainant deposited the following
cheques:

Sl.N Numbere Dated Amount Drawn on

o d
1 228462 05.09.2009 28,433/- Indian Overseas Bank,
__________ Branch
2 228463 05.09.2009 28,433/- Indian Overseas Bank,
__________ Branch
3 228464 05.09.2009 1,14,000/- Indian Overseas Bank,
__________ Branch
.
On presentation, the said cheques were returned and so the
Complainant filed the above complaint.

6. Now the parties have come for a settlement that the sum due under
the subject cheques i.e Rs. 1,70,866/- [Rupees one lakh seventy
thousand eight hundred and sixty six only] has been paid by the
Accused and received and acknowledged by the Complainant.

7. It is also agreed that the balance sum due under the said loan
account will be settled by the Accused by 4 equal installments of
 Rs._______________ without claiming any waiver from the
Complainant. Further since the delayed was caused by the change
in the MICR number of the Accused bank, the delayed period will not
be considered as default period.

Hence it is prayed that this Hon’ble Court may be pleased to record

this petition and and allow the Complainant to withdraw the above
case and thus render justice.

DATED AT CHENNAI ON THIS THE DAY OF MAY 2010

COUNSEL FOR COMPLAINANT COMPLAINANT

 IN THE COURT OF THE VII METROPOLITAN MAGISTRATE
EGMORE CHENNAI

C.C.No. 1460 of 2010

HSBC BANK,
Represented by its
________________,
Mr.________________,
No.30, Rajaji Salai,
Chennai- 600 001 …Petitioner/Complainant

Vs

Mrs. S. Rajakumari,
New No.90, Old No.24 & 25,
Chiranjeevi Flats,
Tower Medavakkam Main Road,
Chennai- 600 117 …Respondent/Accused

PETITION FILED UNDER SECTION 257 OF CR.P.C

It is most respectfully submitted as follows:

1. The Complainant herein filed the above calendar case against the
Accused for an offence punishable under section 138 of the
Negotiable Instruments Act. The above case is posted today for the
appearance of the Accused. The subject cheques are as follows:-

Sl.N Numbere Dated Amount Drawn on

o d
1 228462 05.09.2009 28,433/- Indian Overseas Bank,
__________ Branch
2 228463 05.09.2009 28,433/- Indian Overseas Bank,
__________ Branch
3 228464 05.09.2009 1,14,000/- Indian Overseas Bank,
__________ Branch

2. In the meantime, parties have come for a settlement and pursuant

to the settlement and subject to the terms setout hereunder, the
Accused has this day paid Rs. 1,70,866/- [Rupees one lakh seventy
thousand eight hundred and sixty six only] by cash towards the
returned cheques and the Complainant has received the same
towards full and final settlement of the subject Cheques and files
this petition for withdrawal of the above complaint.
.
 3. It is also agreed that the balance sum due under the said loan
account will be settled by the Accused by 4 equal installments of
Rs._______________ without claiming any waiver from the
Complainant. Further since the delayed was caused by the change
in the MICR number of the Accused bank, the delayed period will not
be considered as default period.

Hence it is prayed that this Hon’ble Court may be pleased to record

this petition and and allow the Complainant to withdraw the above
case and thus render justice.

DATED AT CHENNAI ON THIS THE DAY OF MAY 2010

COUNSEL FOR COMPLAINANT COMPLAINANT