K KUMAR Vs. BAPSONS FOOT WEAR

JUDGEMENT

(1.) The accused in C.C. 1550/ 90 on the file of VII, Metropoiitan Magistrate, George Town, Madras has filed this petition under Section 482, Cr. P .C. for quashing the proceedings in the said C.C. No. 1550/90.

(2.) The respondent has filed the complaint against the petitioner under Section 138 read with 142 Negotiable Instruments Act (which I shall hereafter refer to as the Act). The allegation in it are briefly as follows:

(3.) Me. K. Salvarangam, the learned counsel for Mr. V. Gopinathan, would submit that one of the essential ingredients of the offence under Section 138 of the Act is that the cheque must have been drawn for the discharge, in whole or in part of any debt or other liabilityT and in the instant case, there is to such allegation in the complaint and so the complaint is liable to be quashed.