T.M. SAMPATH Vs. K.K.S. JEYARAMAN

JUDGEMENT

(1.) This Criminal original Petition is filed under Sec. 482 of the Code of Criminal Procedure, 1973, seeking to quash Sec. 138 proceedings under Negotiable Instruments Act in S.T.C.No.357 of 2010 on the file of the Judicial Magistrate II, Chengalpet as illegal, improper and not maintainable in law.

(2.) The petitioner/accused averred in the petition that the petitioner introduced one Arul to the complainant and land deal was made between them; that the cheque was obtained from the petitioner on 8/3/2010 by use of wrongful force and unlawful means from the petitioner; that the petitioner issued a suit notice on 4/4/2010 and also issued a letter to his Banker on 3/5/2010 for stop payment; that the cheque is not for an legally enforceable debt or liability; that the registration of criminal case against the petitioner under Sec. 138 of Negotiable Instruments Act amounts to misuse of the process of law and therefore, the case pending before the Judicial Magistrate under Sec. 138 of Negotiable Instruments Act is to be quashed.

(3.) The learned counsel appearing for the petitioner contends reiterating the points in the petition that the disputed cheque was extorted from the petitioner as he introduced one Arul to the respondent/complainant for the land deal and the cheque is not for any legally enforceable debt or liability and therefore, letter was issued by the petitioner to the Banker for stop payment and therefore, proceedings under Sec. 138 of Negotiable Instruments Act is not maintainable. It is further contended that simultaneous proceedings under Sec. 138 of Negotiable Instruments Act as well as the registration of criminal case is nothing to misuse of process of law.