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2022 Supreme(Mad) 1056

R. N. MANJULA
G. Revathi – Appellant
Versus
P. K. Ganeshwar – Respondent


Advocates Appeared:
For the Petitioner: Mr. R. Baskar.
For the Respondent: Mr. Rajarathinam for Mr. A. Thiayarajan.

ORDER :

Prayer : This Criminal Revision Petition filed under Section 482 of Cr.P.C., praying to call for records in STC.No.337 of 2020 pending on the file of the learned Judicial Magistrate, Palladam, quash all further proceedings in the said case in STC.No.337 of 2020.

This Criminal Original Petition has been preferred to call for the records in S.T.C.No.337 of 2020 on the file of the learned Judicial Magistrate, Palladam and quash the same.

2. The petitioner is the accused in a private complaint filed by the respondent against the petitioner for the offence under Section 138 of the Negotiable Instrument Act.

3. The learned counsel for the petitioner submitted that the impugned cheque on which the complaint has been filed by the respondent was barred by limitation and hence, it is not for any debt or legally enforceable liability as defined under Section 138 of the Negotiable Instrument Act; as per Section 25(3) of the Indian Contract Act, the agreement without consideration is void unless it is written and registered; on the date of issuance of the cheque, there was no legally en

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