Madras High Court
S.Babuji vs K.Govindarajan on 26 November, 2021
Crl.O.P.(MD)No.7235 of 2017
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated: 26.11.2021
CORAM
THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN
Crl.OP(MD)No.7235 of 2017
and
Crl.M.P.(MD)No.4923 of 2017
S.Babuji ... Petitioner/Respondent
Vs.
K.Govindarajan ... Respondent/Complainant
Prayer: Criminal Original Petition filed under Section 482 of the
Criminal Procedure Code, to call for the entire records in S.T.C.No.279
of 2017, on the file of the Judicial Magistrate Court, Thriuvaiyaru,
Thanjavur District, and quash the same.
For Petitioner : Mr.N.Mohideen Bahsa
For Respondent : Mr.A.Sivasubramanian
ORDER
This Petition is filed to quash the complaint filed under Section
138 of the Negotiable Instruments Act, on the short point that even
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Crl.O.P.(MD)No.7235 of 2017
according to the complainant, the cheque was given in prompt repayment
of the amount borrowed by the petitioner from the complainant promising
to get a job to his daughter in Annamalai University.
2.According to the learned counsel for the petitioner, the case
of the complainant is that, a sum of Rs.20,30,000/- was received by the
petitioner herein from the complainant promising to get a job to his
daughter in Annamalai University. However, having failed to get the job,
the subject cheque was given and the cheque bounced without honouring.
It is submitted by the learned counsel for the petitioner that on the face of
the complaint, it appears that it is illegal contract for securing job on
payment of money and therefore, being a contract not enforceable under
the law, the cheque given will not attract the offence under Section 138 of
the Negotiable Instruments Act. Further, the learned counsel for the
petitioner submitted that the period of transaction was between the year
2010 and 2012, whereas the date of cheque is 16.02.2017, therefore, it is
barred by limitation.
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Crl.O.P.(MD)No.7235 of 2017
3.Heard the learned counsel appearing for the petitioner and the
learned counsel appearing for the respondent.
4.This Court on considering the averments made in the
complaint as well as the judgments circulated by the learned counsels
appearing for the respective parties, is of the opinion that a plain reading
of the complaint though sounds the transaction was in respect of securing
a job and the transaction was between the year 2010 and 2012, the factum
of the circumstances under which the cheque was issued and whether it is
issued for any legally enforceable debt or not, to be tested in the course
of trial. Hence, without prejudice to the right of the petitioner herein, to
canvass this point before the trial Court, this Criminal Original Petition is
dismissed with direction to the trial Court to complete the trial within a
period of four months from today. Consequently, connected
Miscellaneous Petition is closed.
26.11.2021
Index :Yes/No
smn2
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.7235 of 2017
DR.G.JAYACHANDRAN, J.
smn2
To
The Judicial Magistrate,
Thiruvaiyaru,
Thanjavur District.
Crl.OP(MD)No.7235 of 2017
26.11.2021
https://www.mhc.tn.gov.in/judis
