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of <h1>Court quashes proceedings as cheque not for enforceable debt & time-barred.</h1> <h3>P. Ramamoorthy Versus P. Ananthan</h3> P. Ramamoorthy Versus P. Ananthan - TMI Issues involved:The issues involved in the judgment are the quashing of proceedings in S.T.C.No.17 of 2020 on the file of the learned Judicial Magistrate No.II, Fast Track Court(Magisterial Level) Madurai under Section 138 of the Negotiable Instruments Act.Summary:Issue 1: Allegation of False ComplaintThe petitioner approached the respondent for a loan in 2015 and repaid the amount with interest. The respondent alleged that the petitioner borrowed a sum in 2016 and issued a cheque in 2019, which was dishonored. The petitioner claimed the cheque was handed over for security and misused by the respondent, leading to a false complaint under Section 138. The petitioner argued that the cheque was not issued for a legally enforceable debt, as per the complaint itself, and the proceedings should be quashed.Issue 2: Time-Barred DebtThe petitioner contended that the cheque was issued for a time-barred debt, as per the complaint's averments. The petitioner had repaid a sum in 2016, but there was no written acknowledgment of the debt within the limitation period. The absence of a written acknowledgment rendered the cheque issuance for a time-barred debt. Citing relevant case laws, it was argued that the proceedings under Section 138 would not apply if the cheque was issued for a time-barred debt. The court found merit in this argument and allowed the petition, quashing the proceedings in S.T.C.No.17 of 2020.Separate Judgment:The Honorable Mr. Justice P. Dhanabal allowed the Criminal Original Petition and quashed the proceedings in S.T.C.No.17 of 2020 on the file of the learned Judicial Magistrate No.II, Fast Track Court(Magisterial Level) Madurai.
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