M.S.RAMESH
T. Senthil – Appellant
Versus
S. Thalavaiya – Respondent
JUDGMENT :
(Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., praying to call for the records culminating in STC. No.1263 of 2018 dated 21.08.2018 on the file of the learned Judicial Magistrate, Tambaram and to quash the same.)
1. The private complaint filed by the respondent herein for an offence under Section 138 of the Negotiable Instrument Act, 1881 (hereinafter referred to as 'NI Act') is under challenge in the present Criminal Original Petition.
2. Heard Mr.S.Sivaraman, learned counsel for the petitioner and Mr.A.P.Sathyamurthy, learned counsel for the respondent.
3. The learned counsel for the petitioner would submit that the impugned complaint cannot be sustained since there is no legally enforceable debt under the cheque. According to the learned counsel, the agreement referred to in the complaint is only between the petitioner and 'RS Infotainment', wherein the cheques were issued only for security purposes, which ought not to have been deposited by the respondent herein. The learned counsel also submitted that the alleged payment of Rs.10 lakhs by demand draft and the balance amount of Rs.1,30,000,00/- by way of cash, is a blatant lie as such a huge amount
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