2022 (2) TMI 353

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....his petition has been filed to quash the charge sheet in C.C. No. 732 of 2017, pending on the file of the learned VII Metropolitan Magistrate Court, George Town, Chennai-1 against the petitioner filed under Section 138 of the Negotiable Instruments Act. 2. The crux of the complaint is that the accused had issued a cheque for a sum of Rs. 4,80,000/- and also another cheque for Rs. 5,00,000/-. On....

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....ing a lawyer misused the cheques. Therefore, the same has been sought to be quashed. The learned Counsel had also placed reliance on the following judgments: i. V.C. Rangadurai Vs. D. Gopalan & Others reported in CDJ 1978 SC 115 ii. G.F. Hunasikattimath Vs. State of Karnataka reported in CDJ 1990 Kar HC 482 iii. Japahari Vs. Priya reported in 1993 (2) KLT 141 iv....

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....erefore, submitted that while exercising the power under Section 482, the same cannot be decided and hence, opposed to quash the petition. 5. In the light of the above submission, the main contention of the learned Counsel for the petitioner is that as the accounts are closed in the year 2002 itself, the complaint filed by the defacto complainant is not maintainable. Though, he had placed relia....

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....he L.I.C. Policy commission and the another one is for legal fees. Therefore, whether there is a legally enforceable debt or not, has to be seen only at the time of trial. Though the legal notice was replied raising disputed question of facts, the same have to be seen only at the time of evidence. The onus is only on drawer of the cheque to dislodge the legal presumption. Though, there may not be ....