K. MURALI SHANKAR
P. Kulanthaisamy – Appellant
Versus
K. Murugan – Respondent
JUDGMENT
The Criminal Appeal is directed against the judgment made in C.C.No.32 of 2017 dated 04.01.2018 on the file of the Fast Track Magistrate Court, Srivilliputtur, acquitting the respondent for the offence under Section 138 of the Negotiable Instruments (hereinafter referred as ‘NI’) Act.
2. The appellant / complainant filed a private complaint under Section 200 Cr.P.C. against the first respondent / accused for the alleged offence under Section 138 r/w 142 of the NI Act.
3. For the sake of convenience and brevity, the parties herein after will be referred to as per their status / ranking in the trial Court.
4. The case of the complainant is that the accused was earlier working in mechanical section of Tamil Nadu State Transport Corporation (hereinafter referred as ‘TNSTC’) depot at Virudhunagar and the complainant had acquaintance with one Madamuthu of Srivilliputtur, who retired after serving in the computer section of TNSTC depot, where the accused was working. The accused informed the complainant that he was holding important post in the Transport Corporation Labour Union and he is having good influence through Labour Union and that he would arrange conductor job to the co
(1) Dishonour of cheque – Where complainant’s case is based on a specific claim that money was given for securing a TNSTC job and cheque was issued to repay this amount, there is no legally enforceab....
Payments made for securing employment are considered void due to public policy, negating any legally enforceable debt.
Court will refuse to enforce an illegal agreement at instance of a person who is itself party to an illegality or fraud.
An illegal contract voids any associated debt, thus a cheque issued under such a contract does not constitute a legally enforceable liability under Section 138 of the N.I. Act.
Payments made for illegal purposes do not create legally enforceable obligations, thus dishonour of cheques issued in such contexts cannot lead to prosecution under Section 138 of the Negotiable Inst....
The legality of a transaction affects enforceability; payments for illegal purposes cannot be legally recovered even if a cheque is issued.
:DISHONOUR OF CHEQUE – ACQUITTAL UNDER - under Section 139 of the N.I. Act, there is a presumption that the holder of the cheque received it for the discharge of debt or liability, but the existence ....
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