SUBBURAM Vs. RAJA GURU

JUDGEMENT

(1.) PETITIONER seeks to quash the proceedings pending against him in C. C. No. 254 of 2004 on the file of the learned Judicial Magistrate no. II Virudhunagar.

(2.) THE respondent herein has filed a Private complaint against the petitioner for an alleged offence under Section 138 of the Negotiable Instruments Act.

(3.) THE learned counsel for the petitioner submits that the petitioner was taken to police Station and by way of threat, coercion ad intimidation by Police, the petitioner issued post dated cheques in favour of the respondent herein and other six persons. The petitioner was forced to issue the cheque not for his liability towards the respondent, but to satisfy the respondent who had given complaint against the brother of the petitioner for cheating. As the cheque was not issued to discharge any legally enforceable debt or liability, the Complaint is not maintainable.