TMT INDIA LTD Vs. PARAMESWARA TRADERS KURNOOL

JUDGEMENT

(1.) This petition under Section 482 Cr.PC has been filed for quashing the proceedings in CC No. 413 of 1997 on the file of the Judicial First Class Magistrate, Kurnool in which the petitioners herein are the accused and they are sought to be prosecuted for an offence under Section 138 Negotiable Instruments Act (hereinafter called 'the Act').

(2.) The learned Counsel for the petitioners Sri Sesha Sai cites two grounds for quashing the proceedings. It is firstly contended that there is no sufficient averment in the complaint that the cheque in question was issued for discharging legally enforceable liability and as such the requirement under Section 138 of the Act has not been complied with. The second contention is that the cheque in question itself was obtained from the Works office of the petitioners-accused and there was no authority to hand-over that cheque to the de facto complainant. It is further contended that at any rate before the cheque was presented in the bank by the de facto complainant a letter was addressed informing him that the amount mentioned in the cheque was not really due to him and that the accounts of the accused show that the amount due to the de facto complainant has not been properly ascertained. The letter further calls upon the de facto complainant to go over to the office of the accused with their records to verify the exact amount which is payable to the de facto complainant.

(3.) The learned Counsel for the respondent No.1, Mr. Soma Konda Reddy counters these contentions by pointing out that in this case there is in fact a specific averment in the complaint that the cheque was issued towards discharging legally enforceable liability.