2007 (7) TMI 689

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.... ORDER:- T. Sudanthiram, J. 1. Petitioner seeks to quash the proceedings pending against him in C.C. No. 253 of 2004 on the file of the learned Judicial Magistrate No. II, Virudhunagar. 2. The respondent herein has filed a private complaint against the petitioner for an alleged offence under Section 138 of the Negotiable Instruments Act. 3. The learned Counsel for the petitioner sub....

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....e complaint and considered the rival contentions of both parties. 5. The averments made in the complaint are very much necessary to decide the issue. It is stated in the complaint that the accused's brother by name Vijayakumar received a sum of Rs. 75,000/- on 7-1-2002 from the respondent herein to get a job in Malaysia and sent him to Malaysia. He returned to motherland since the Malaysian....

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....nt of Rs. 15,000/-, a cheque for Rs. 45,000/- was issued in favour of the re spondent, one Rajaram and one Sundarrajan. On depositing the said cheques in Bank, the cheque for Rs. 15,000/ - issued on 6-7-2003 was returned for the reason "payment stopped by drawer." 6. From the above said facts narrated in the complaint, it is an admitted fact by the complainant himself that the petitioner herein....

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....tiable Instruments Act. For the purpose of this section, 'debt' of 'liability' means a "legally enforceable" debt or other liability. 8. It is from the admitted facts of the complainant/respondent herein, that there was no liability on the part of the petitioner herein, but the question is whether he can be made liable for the amount cheated by his brother. Even if the petiti....