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2021 (10) TMI 758 - HC - Indian LawsDishonor of Cheque - direct contractual or business relationship or transaction necessitating issuance of a cheque or not - Section 138 of Negotiable Instruments Act - HELD THAT:- In the instant case, the petitioner had not issued the cheque from an account in her name. She had issued the cheque from the account in the name of V.N. Krishnaswamy Naidu College of Arts and Science for Women, Mettupalayam. That institution has not been made as a party. The constitution of said institution is not known, but, still the cheque had been instituted by the petitioner in her capacity as Correspondent/Secretary of that institution. She had not issued the cheque in her personal capacity. The petitioner had not issued the cheque. She had signed the cheque only in her capacity as Correspondent/Secretary of a named college. The cheque had, obviously, been issued from the bank account of the said college. The said college had no transaction with the respondent - Instituting a criminal complaint against the petitioner herein does, indeed, reflect a mala fide intention on the part of the respondent. The complaint had been lodged by naming the petitioner as accused in her personal capacity, when she had not issued any cheque in her personal capacity. It is an arm twisting move to ensure that the amount mentioned in the cheque issued by V.N.K. Textiles and Paper Mills Limited is repaid to the respondent. The complaint does not withstand judicial scrutiny viewed from any angle. The respondent can pursue his complaint against V.N.K. Textiles and Paper Mills Limited in manner known to law. But, the complaint alleged against the present petitioner will necessarily have to be interfered and quashed for the simple reason that the petitioner had not issued the cheque from her bank account for any loan which she had with the respondent. Moreover, the cheque had only been issued in her capacity as Correspondent/Secretary of the college from the bank account of the college and said institution had not been shown as accused. The present petition is allowed.
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