2022 (2) TMI 1162

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....nt under Section 138 of the Negotiable Instruments Act, which is pending in STC. No. 606 of 2017 before the Judicial Magistrate Fast Track Court No. I, Erode. 2. The primary contention of the petitioner is that the petitioner was having leather business with the respondent. During course of business the petitioner purchased leather materials to the tune of Rs. 14,50,991/- on 06.04.2016 by Invoice No. 20. At that time, the cheque bearing No. 844386 was drawn on Syndicate Bank, Ranipet Branch, Vellore dated 06.06.2016 for a sum of Rs. 14,50,991/- issued. Subsequently, on 16.07.2016 the accused paid a sum of Rs. 2,00,000/- through RTGS. Further on 18.07.2016 the said cheque was returned and thereafter, a fresh cheque drawn on Syndicat....

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....16, was issued for a sum of Rs. 14,50,991/-. Subsequently, some payments have been made, which have been given due credit and thereafter, now for the said amount of Rs. 14,50,991/- prosecution has been launched. He further submitted that Section 138 of the Negotiable Instruments Act, attracts only when the cheque was issued in discharge of any liability or part liability. In this case, the liability amount has been considerably reduced and thereafter, the respondent proceeded against the petitioner with the cheque which was given earlier. 4. The learned counsel for the respondent submitted that the petitioner's contention cannot be decided in the quash application and it is a matter of fact which has to be decided during the trial. H....