MADHAVAN Vs. ADDL JUDL FIRST CLASS MAGISTRATE

JUDGEMENT

(1.) Petition under S.482 Cr. P.C. is to quash the proceedings in C.C. 471 of 1991 of the Judicial First Class Magistrate's Court, Ernakulam. Photo copy of the complaint is Annexure A-4.

(2.) According to the petitioner, the son of the petitioner had business transaction with the 2nd respondent and the 3rd respondent Sub Inspector of Police who is a friend of the 2nd respondent got the son of the petitioner to the police station and made him execute Annexure A-1 receipt under duress purporting to be one for Rs. 58,200/-. Then the petitioner was taken to the police station by the 3rd respondent on 17-4-1991 learning that the petitioner had account with the Union Bank of India, South Chittoor, and the 3rd respondent at the behest of the 2nd respondent made the petitioner to sign a blank cheque leaf under threat and coercion. Later the petitioner received Annexure A-2 notice dated 21-6-1994 intimating that steps under S.138 of the Negotiable Instruments Act (for short 'the Act') would be taken. On receipt of the said notice, petitioner sent Annexure A-3 reply dated 1-7-1991 to the 2nd respondent which he received on 2-7-1991. As per Annexure A-3 it was intimated that there is no obligation for the petitioner to pay any amount as per cheque and also the circumstance under which the cheque was signed. in spite of the same, the second respondent filed Annexure A-4 complaint on 3-8-1991 which was beyond the period of limitation under S.142 of the Act. The learned Magistrate took cognizance of the same. Thereupon the petitioner filed Annexure A-5 petition for discharge, that petition was dismissed by Annexure A-6 order.

(3.) Learned counsel for the petitioner maintained that, no liability was created under the cheque since the same was executed under the circumstances already stated, and he also contended that since the complaint was filed beyond one month of the cause of action, the complaint is barred by limitation as per S.142(b) of the Act.