TMI Blog2007 (7) TMI 689X X X X Extracts X X X X X X X X Extracts X X X X ..... ings pending against him in C.C. No. 253 of 2004 on the file of the learned Judicial Magistrate No. II, Virudhunagar. 2. The respondent herein has filed a private complaint against the petitioner for an alleged offence under Section 138 of the Negotiable Instruments Act. 3. The learned Counsel for the petitioner submits that the petitioner was taken to police station and by way of threat, co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... verments made in the complaint are very much necessary to decide the issue. It is stated in the complaint that the accused's brother by name Vijayakumar received a sum of ₹ 75,000/- on 7-1-2002 from the respondent herein to get a job in Malaysia and sent him to Malaysia. He returned to motherland since the Malaysian firm did not provide proper food shelter and salary and did not act acco ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 00/- was issued in favour of the re spondent, one Rajaram and one Sundarrajan. On depositing the said cheques in Bank, the cheque for ₹ 15,000/ - issued on 6-7-2003 was returned for the reason payment stopped by drawer. 6. From the above said facts narrated in the complaint, it is an admitted fact by the complainant himself that the petitioner herein had no direct liability towards the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rpose of this section, 'debt' of 'liability' means a legally enforceable debt or other liability. 8. It is from the admitted facts of the complainant/respondent herein, that there was no liability on the part of the petitioner herein, but the question is whether he can be made liable for the amount cheated by his brother. Even if the petitioner herein admitted the criminal lia ..... X X X X Extracts X X X X X X X X Extracts X X X X
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