ANANDI SUSAN SHARAN MEILI D/O HARENDRANATH SHARAN, CHIEF FUNCTIONARY, WOMEN FOR SUSTAINABEL DEVLOPMENT Vs. D. VIDYA SAGAR S/O CHALAPATHI RAO

JUDGEMENT

(1.) THE accused in C.C. No. 26918/2006 (PCR No. 420/2006), pending on the file of the learned XXIV Additional Chief Metropolitan Magistrate. Bangalore, (hereinafter referred to as 'Trial Court' for short) has sought for quashing of entire proceedings in the said case.

(2.) THOUGH this matter is listed today for admission, having regard to the nature of the relief sought for and the facts and circumstances of the case. it is taken for final disposal and the arguments of Sri. B. Anand, the learned Counsel for the petitioner and Sri. Guruprasad. the learned Counsel for the respondent -complainant are heard. Perused the averments in the complaint filed by the respondent herein before the Trial Court under Section 200 Cr.P.C. against the petitioner. Also perused the impugned Order issuing process against the petitioner for the offence under Section 138 of Negotiable Instruments Act.

(3.) SRI . B.S. Anand, the learned Counsel for the petitioner (Al) strongly contends that the said cheque was issued by the accused to the complainant, as she agreed to help the complainant in the project but it was not issued towards discharge of any existing legally enforceable debt or other liability due to the complainant by the accused and therefore, the entire averments in the complaint even if taken at their face value and to their entirely. they do not constitute all the ingredients of Section 138 of Negotiable Instruments Act, and hence all further proceedings in the said case deserve to be quashed.