9911796707
TMI Blog2022 (9) TMI 994X X X X Extracts X X X X X X X X Extracts X X X X ..... idering the petition filed under Section 482 Cr.P.C., for quashing the criminal proceedings. A perusal of the complaint and other records available, makes out a prima facie case against the petitioner at this stage and there appear to be sufficient ground for proceeding against the petitioner. Hence, this Court concludes that the above Criminal Original Petition is devoid of merits and the same is liable to be dismissed - this Criminal Original Petition is dismissed. - Crl.O.P.(MD)No.12314 of 2019 and Crl.M.P.(MD)No.7726 of 2019 - - - Dated:- 25-8-2022 - THE HONOURABLE MR. JUSTICE K. MURALI SHANKAR For the Petitioner : Mr. S. K. Mani For the Respondent : Mr. M. Viji for Mr. S. Deenadayalan ORDER This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking orders to call for the records pertaining to the case in S.T.C.No.182 of 2019 pending on the file of the Court of the Judicial Magistrate, Manapparai, and quash the same. 2. The petitioner is the sole accused in S.T.C.No.182 of 2019 on the file of the Court of the Judicial Magistrate, Manapparai. 3. The respondent/complainant has filed a private complaint under Section 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t the time of vacating the said premises on 07.09.2018 had to pay a final rental arrears to the tune of Rs.32,331/- by means of a cheque bearing No.000135 dated 07.09.2018, that the petitioner requested the respondent to return the post-dated cheque bearing No.000109, that the respondent alleged that the cheque has been misplaced and gave it in writing with an undertaking in the letter head of his Nursing home dated 07.09.2018 to the effect that the cheque bearing No.000109 would be traced out and the same would be returned to the petitioner, that the said undertaking would clearly establish that the cheque was given as a postdated cheque, that the petitioner had issued an electronic letter dated 28.03.2019 to his banker for stopping the payment of the post-dated cheque and the same would establish that the said communication to stop the payment had been made as early as on 28.03.2019 itself, that the respondent has filed a vexatious complaint against the petitioner and that since the petitioner has not committed any offence as contemplated under Section 138 of Negotiable Instruments Act, the petitioner is constrained to file the above petition. 6. The learned counsel for the pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Todi and others vs. State of Gujarat and another reported in 2021 8 Supreme 614, 23. In the present case, the PSA between the parties envisaged that the second respondent would supply power to the company of which the appellants are directors or as the case may be, managing director. The agreement postulated that payment for the power supplied would be made by means of LCs. Though, the LCs' were provided, they were allegedly not in a form acceptable to the bankers of the second respondent. The appellants do not dispute that prior to the termination of the agreement, power was supplied for a period of three months to the company. In other words, the agreement for the supply of power was acted upon and power was supplied to by the second respondent and consumed by the company. .... 25. The explanation to Section 138 of the NI Act provides that 'debt or any other liability' means a legally enforceable debt or other liability. The proviso to Section 138 stipulates that the cheque must be presented to the bank within a period of six months from the date on which it is drawn or within its period of validity. Therefore, a cheque given as a gift and not for th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and inculcate faith in the efficiency of negotiable instruments for transaction of business. The purpose of the provision would become otiose if the provision is interpreted to exclude cases where debt is incurred after the drawing of the cheque but before its encashment. In Indus Airways, advance payments were made but since the purchase agreement was cancelled, there was no occasion of incurring any debt. The true purpose of Section 138 would not be fulfilled, if 'debt or other liability' is interpreted to include only a debt that exists as on the date of drawing of the cheque. Moreover, Parliament has used the expression 'debt or other liability'. The expression 'or other liability' must have a meaning of its own, the legislature having used two distinct phrases. The expression or other liability has a content which is broader than a debt and cannot be equated with the latter. In the present case, the cheque was issued in close proximity with the commencement of power supply. The issuance of the cheque in the context of a commercial transaction must be understood in the context of the business dealings. The issuance of the cheque was followed close on its ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
