G. REVATHI Vs. P. K. GANESHWAR

JUDGEMENT

(1.) This Criminal Original Petition has been preferred to call for the records in S.T.C.No.337 of 2020 on the file of the learned Judicial Magistrate, Palladam and quash the same.

(2.) The petitioner is the accused in a private complaint filed by the respondent against the petitioner for the offence under Sec. 138 of the Negotiable Instrument Act.

(3.) The learned counsel for the petitioner submitted that the impugned cheque on which the complaint has been filed by the respondent was barred by limitation and hence, it is not for any debt or legally enforceable liability as defined under Sec. 138 of the Negotiable Instrument Act; as per Sec. 25(3) of the Indian Contract Act, the agreement without consideration is void unless it is written and registered; on the date of issuance of the cheque, there was no legally enforceable debt or liability or drawing the cheque cannot amount to an acknowledgement of time barred debt; it has been held in number of cases that the complainant cannot take any action under Sec. 138 of the Negotiable Instrument Act unless there is any legally enforceable debt; even according to the case of the complainant for the loan advanced on 19/12/2013 the cheque is alleged to have been issued on 24/6/2020 after a period of 6 1/2 years; so it is clearly a time barred debt and it is not legally enforceable.