1999 (10) TMI 764

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..... 1. This case has been filed under Section 482 of the Criminal Procedure Code, 1973, to quash the proceedings in C. C. No. 387 of 1998 on the file of the Judicial First Class Magistrate Court No. 1, Fort Cochin. The above-said criminal prosecution was launched by the second respondent-complainant on the ground that the petitioner-accused herein borrowed a sum of Rs. 90,000 on December 24, 1995, ....

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.... debt or liability. In the instant case, the complaint itself ex facie discloses that only as a security, the cheque was issued for the promissory note alleged to have been executed by the petitioner. For fortifying his contention, he also relies upon the decision of the Andhra Pradesh High Court in Taher N. Khambat v. Vinayak Enterprises [1995] 1 KLJ 556 : [1996] 86 Comp Cas 471. There it is held....

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....the principle laid down by the Andhra Pradesh High Court and the mandatory provisions laid down in Section 138 of the Negotiable Instruments Act is crystal dear that when a cheque has been issued as a security, no complaint will lie under Section 138 of the Negotiable Instruments Act. Yet another infirmity is found in this case, viz., that the averment in the complaint would be that the. cheque wa....