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of <h1>High Court quashes criminal complaint due to lack of personal debt, invalid claim</h1> <h3>R. Nandhini Versus Prakash Textiles</h3> R. Nandhini Versus Prakash Textiles - TMI Issues:1. Quashing of criminal proceedings under Section 482 of the Code of Criminal Procedure.2. Interpretation of Section 138 of the Negotiable Instruments Act regarding dishonored cheques.3. Determination of legal enforceability of debt in relation to issuance of cheques.4. Examination of the relationship between the petitioner, the college, and the respondent in the context of the cheque issuance.5. Consideration of mala fide intentions in lodging a criminal complaint.Analysis:1. The petition seeks to quash criminal proceedings in C.C. No. 14 of 2015 under Section 482 of the Code of Criminal Procedure. The respondent alleged that the petitioner issued a cheque for Rs. 10,00,000, which was dishonored, leading to a complaint under Section 138 of the Negotiable Instruments Act.2. Section 138 of the Negotiable Instruments Act states that a cheque must be drawn by a person on their account for payment to another person to discharge a debt or liability. In this case, the petitioner issued the cheque from the college's account, not her personal account, indicating a lack of personal debt or liability.3. The petitioner, acting as Correspondent/Secretary of the college, issued the cheque, and the institution was not made a party in the proceedings. The respondent failed to establish any personal debt of the petitioner towards them, further weakening the case.4. The complaint targeted the petitioner personally, despite the cheque being issued on behalf of the college, which had no business relationship with the respondent. This discrepancy raises doubts about the validity of the complaint and suggests mala fide intentions on the respondent's part.5. The judgment concludes that the complaint lacks judicial merit as the petitioner did not issue the cheque from her personal account for any debt owed to the respondent. The petitioner's role as Correspondent/Secretary of the college further disconnects her from the alleged transaction, leading to the quashing of the criminal proceedings in C.C. No. 14 of 2015.Conclusion:The High Court of Madras allowed the Criminal Original Petition, quashing C.C. No. 14 of 2015, as the complaint against the petitioner did not withstand judicial scrutiny. The judgment highlighted the absence of a personal debt, the institutional nature of the cheque issuance, and the respondent's failure to establish a valid claim against the petitioner.
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