R. JAYANTHI Vs. K. YASODHA

JUDGEMENT

(1.) This criminal original petition has been filed by the petitioner praying to quash the criminal proceedings in C.C. No. 984 of 2013 pending on the file of the learned Judicial Magistrate, Tambaram, against the petitioner for the alleged offence punishable under Sec. 138 of Negotiable Instruments Act.

(2.) The respondent herein/complainant filed a private complaint against the petitioner herein before the learned Judicial Magistrate, Tambaram. In the complaint, it has been averred by the respondent/complainant as follows: -

(3.) It is the main submission of the learned counsel for the petitioner that even as per the averments in the complaint, the said cheque was given only as a collateral security and not for any other reason; but, the respondent/complainant used the said cheque with mala fide intention and filed the present complaint. In this regard, the learned counsel for the petitioner has also relied upon the judgment reported in : 1999(1) CTC 6 [Balaji Seafoods Exports (India) Ltd., v/s. Mac Industries Ltd.], wherein it has been held by the learned Single Judge of this Court that as an undated cheque having been given only as security, the provisions of Sec. 138 of Negotiable Instruments Act are not at all attracted and hence, the complaint cannot be maintainable.