2007 (7) TMI 689 - HC - Indian Laws

Summary

Issues involved: Quashing of proceedings in C.C. No. 253 of 2004 u/s 138 of the Negotiable Instruments Act based on the issuance of post-dated cheques under coercion and threat.

Summary:

Issue 1: Alleged offence under Section 138 of the Negotiable Instruments Act

The petitioner sought to quash the proceedings in C.C. No. 253 of 2004, where a private complaint was filed against him for an alleged offence u/s 138 of the Negotiable Instruments Act. The petitioner claimed that he was coerced by the police to issue post-dated cheques to the respondent and others, not for any legally enforceable debt, but to satisfy the complainant who had lodged a complaint against the petitioner's brother for cheating.

Issue 2: Liability of the petitioner for dishonour of cheques

The respondent argued that the petitioner, by stepping into the shoes of his brother and undertaking to discharge the liability, became liable for the dishonour of the cheques issued. The court examined the complaint's contents, which detailed how the petitioner's brother deceitfully received money and issued cheques totaling a significant amount to various individuals, including the respondent.

Issue 3: Legally enforceable debt or liability

The court noted that the complaint itself admitted that the petitioner had no direct liability towards the respondent. The cheque was issued after the complaint against the petitioner's brother for cheating, raising doubts about the existence of a legally enforceable debt or liability on the petitioner's part. Despite the presumption u/s 139 of the Negotiable Instruments Act, the court found that the liability appeared to be legally not enforceable.

Conclusion:

Based on the above analysis, the court held that the petitioner was not liable u/s 138 of the Negotiable Instruments Act. Consequently, the proceedings in C.C. No. 253 of 2004 were quashed, and the criminal original petition was allowed, leading to the closure of connected miscellaneous petitions.