GURUVINDER KAUR Vs. SURYA AGENCIES

JUDGEMENT

(1.) THESE petitions are filed seeking to quash the criminal proceedings in C.C.Nos49 and 50 of 2007 on the file of the learned Judicial Magistrate I, Walajah.

(2.) THE petitioner is the accused in those cases filed by the respondent under section 138 of the Negotiable Instruments Act.

(3.) LEARNED counsel appearing for the petitioner would submit that there was virtually no pleading in the complaints that the cheques were issued for the subsisting liability. There is no averment in the complaint that the accused failed to pay the cheque amount. In the last paragraph of the complaint, the complainant has sought for only a sum of Rs.3,00,000/= being the cheque amount. Therefore, the ingredients to charge a person under section 138 of the Negotiable Instruments Act have not been averred to in the complaint. Therefore, the complaints are liable to be dismissed.