A. SRINIVASALU Vs. KARTHIK KALEVAR

JUDGEMENT

(1.) The petitioner, an accused, in C.C. No. 35622/2010, on the file of the XIV ACMM, Mayohall, Bengaluru, for an offence under S. 138 of the Negotiable Instruments Act, 1881 (for short, 'the Act'), filed this petition under S. 482 Cr.P.C. to quash the entire proceedings of the said case.

(2.) In order to appreciate the ground urged for consideration by Sri G.S. Venkat Subbarao, learned advocate, a few material facts may be stated thus:

(3.) Sri G.S. Venkat Subbarao, learned advocate, contended that the complaint filed is not maintainable, since the alleged loan transaction having taken place on 28.08.1996, two cheques were issued in the year 2009. He submitted that, to constitute an offence under S. 138 of the Act, the cheque/s ought to have been issued towards a legally dischargeable debt and the alleged debt being time barred, even if the cheques have been issued towards discharge of legal liability, the complaint is not maintainable. He placed reliance on the decision of the Apex Court in Indus Airways Pvt. Ltd. v. Magnum Aviation Pvt. Ltd. , 2014 12 SCC 539.