TMI Blog2021 (7) TMI 1149X X X X Extracts X X X X X X X X Extracts X X X X ..... that there was no debt or liability on the part of the petitioner to the complainant. Therefore, mere issuance of cheque belonging to the petitioner would not suffice to attract Section 138 of the Negotiable Instruments Act in the absence of the other ingredients of the said section being fulfilled. Further, it is to be pointed out that it is the admitted case of the defacto complainant that the bank account belongs to the petitioner. However, the cheque has been drawn by the husband of the petitioner. It is not the case of the defacto complainant that the account is a joint account. In that backdrop, a perusal of the cheque reveals that the cheque has been signed by P.Ramachandran and P.Rajeswari does not seem to be the signatory to th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... inant had paid ₹ 1,15,00,000/- to the said Corporation vide Cheque No.006559 drawn on Karur Vysya Bank, Solinganallur Branch and the same was duly credited in the Bank Account of the said Corporation. The said Corporation and its Sister Concerns are jointly run by its partners, namely, Mr.P.Ramachandran, Mr.M.S.Palanivel and Mr.R.G.Nataraj and the transaction with them based on the agreement is taken care of by the Senior General Manager of the complainant Company. Thereafter, the said Corporation had slowly reduced the supply and subsequently the complainant had also adjusted the minerals supplied by the said Corporation towards amount paid and demanded back the balance amount of ₹ 31,62,096/- for which, the complainant had rec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ely the complainant had issued the rejoinder notice dated 10.11.2017 to the said Corporation and all its partners as well as to the account holder of the cheque Mrs.P.Rajeswari, wife of Mr.P.Ramachandran and they have jointly sent a reply lawyer notice dated 15.11.2017 threatening him with legal action. Therefore, he lodged a complaint under Section 200 Cr.P.C for commission of an offence under Section 138 of the Negotiable Instruments Act, on the file of the Fast Track Court-Judicial Magistrate, which has been taken cognizance of by ythe said Court and challenging the same, the present petition is filed by the petitioner. 3. Mr.G.Arul Murugan, learned counsel appearing for the petitioner submitted that even a bare perusal of the complai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e petitioner and the defacto complainant and it is only between the petitioner's husband, who is one of the partner in the said Corporation and therefore, including the petitioner alone in the said complaint is not sustainable. Since the complaint does not satisfy the requirements contemplated u/s 138 of the Negotiable Instruments Act, the complaint itself is bad in law and liable to be quashed. 5. Per contra, learned counsel appearing for the defacto complainant submitted that inspite of the fact that the business transaction is not between the defacto complainant and the petitioner, still the account stands in the name of the petitioner and the cheque having been issued by the petitioner, the liability is on the petitioner to prove ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by a person on an account maintained by him with a banker for payment of any amount of money to another person from out of that account for the discharge, in whole or in part, of any debt or other liability, is returned by the bank unpaid' (Emphasis Supplied) 9. A bare perusal of the above section, it is evident that to take action against non-payment of any cheque amount due to its return by the bank as unpaid, there should exist any debt or liability on the part of the drawer of the cheque and the recipient of the cheque. In the present case, it is the admitted stand of the parties that there was no debt or liability on the part of the petitioner to the complainant. Therefore, mere issuance of cheque belonging to the petit ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
