K LAKSHMANAN Vs. S RAVICHANDRAN

JUDGEMENT

(1.) The accused in CC No.455 of 1998 on the file of the Judicial Magistrate No.1, Erode, Periyar District, has come forward with the instant Crl. OP No. 18066 of 1998, to quash the same. The respondent herein filed a complaint against the petitioner under Section 138 of the Negotiable Instruments Act.

(2.) The case of the complainant briefly stated is as under: The complainant is a businessman carrying on business in textile and automobiles. The accused is also a businessman dealing in paper products and is running a textile mill at Dindigul. For his business purpose, the accused borrowed Rs.6,00,000/- from the complainant on 7/3/1998. Towards repayment of the debt, he had issued a post-dated cheque for Rs.6,00,000/- on 7/3/1998. The cheque was dated 7/4/1998. Again on 15/3/1998, the accused borrowed Rs.6,00,000.00 and issued a post-dated cheque dated 15/4/1998 for the said amount. Both the cheques were presented in the bank on 20/4/1998, but they were returned on the same date with endorsement 'insufficient funds'. Statutory notice was issued to the accused on 24/4/1998, which he had received on 29/4/1998. He had given a reply on 16/5/1998, but since no payment was made, the complainant instituted proceedings under Section 138 of the Negotiable Instruments Act, against the accused.

(3.) As against this proceedings, the accused has preferred the instant petition. According to the petitioner, one of the essential ingredients of offence under Section 138 of the Negotiable Instruments Act is that the cheque must have been drawn "for the discharge in whole or in part of any debt or other liability". But, this has not been pleaded in petition.