TMI Blog2021 (10) TMI 758X X X X Extracts X X X X X X X X Extracts X X X X ..... r 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. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ured, when presented for payment. The respondent had filed C.C. No. 686 of 2012, which is pending before the learned Judicial Magistrate No. II, Pollachi against V.N.K. Textiles and Paper Mills Limited, represented by the brother of the petitioner herein, since he is a Director of the company. 3. It had been contended in the complaint, which is now pending as C.C. No. 14 of 2015 before the learned District Munsif-cum-Judicial Magistrate at Mettupalayam, that the petitioner herein, towards part discharge of the loan amount of her brother, had issued a cheque for ₹ 10,00,000/- to the respondent, which cheque had also been dishonoured, when presented for payment. Alleging that an offence under Section 138 of Negotiable Instruments Act ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The college has also not been shown as an accused. It is, therefore, contended that the entire proceedings is mala fide and should be quashed. 8. It is the contention of Mr. Rajendra Prasad, learned Counsel for the respondent, on the other hand, that substantial monies are due and payable to the respondent and as part settlement towards such dues, the petitioner had issued the cheque, which had been dishonoured when presented for payment. 9. Section 138 of Negotiable Instruments Act is as follows:- Dishonour of cheque for insufficiency, etc., of funds in the account - Where any cheque drawn 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... an existing debt or liability as against the person in whose favour the cheque is issued. 11. 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. 12. It is not the case of the respondent that the petitioner has an existing personal debt as against the respondent. It is not the case of the r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ued 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. 17. I hold that 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 f ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
