V NARASIMHAN Vs. D SARAVANAN

JUDGEMENT

(1.) THERE is no representation on either side. Hence orders are passed after perusing the materials available on record.

(2.) THE present petition has been filed under Section 482 Criminal Procedure Code for quashing the complaint preferred by the respondent herein against the petitioner for an offence punishable under Section 138 of the Negotiable Instruments Act.

(3.) IT is pertinent to note the specific case of the respondent/complainant that the petitioner herein obtained a hand loan of Rs.36,190/- in the month of January 2004 and issued the cheques in question for the discharge of the above said hand loan. When such clear and unambiguous plea has been made in the complaint, the same cannot be quashed based on the plea of the petitioner herein to the effect that the said cheques were issued by him only for settling the amount due from Kaligambal & Co., towards the chit business the said concern was running. Even otherwise the petitioner has candidly admitted he was one of the partners of the above said firm, which was running the chit business and the cheques in question were issued by him in settlement of the liability of the said partnership firm towards the respondent herein. Even assuming that the cheques were issued towards the settlement of the claim made by the Respondent against the Kaligambal & Co., the said plea made by the petitioner will amount to an admission that the cheques were issued in discharge of a liability.