Dismissed

Govindaraj v. K.M.Shree Ekambaram

Madras HC10 Jun 2015CRL OP/26931/2010

Case brief

AI extract

What is this about?

The High Court dismissed a Criminal Original Petition seeking quashing of a complaint under Section 138 of the Negotiable Instruments Act. It held that the propriety of the notice issuance and the alleged falsehood in addressing details must be adjudicated during trial, preventing quashing at this interlocutory stage. The trial court was directed to dispose of the case within four months.

What did the court decide?

The criminal original petition was dismissed and the connected miscellaneous petition was closed; the trial court was directed to conclude the trial within four months.

Govindaraj Vs K.M.Shree Ekambaram — Cheque Dishonour | Madras HC (2015)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED:10.06.2015

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CORAM

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THE HON'BLE MR.JUSTICE R.S.RAMANATHAN

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CRL.O.P.No.26931 of 2010

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and M.P.No.1 of 2010

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Govindaraj .. Petitioner

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.. Vs ..

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K.M.Shree Ekambaram .. Respondent

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Prayer:- Criminal Original Petition filed under section 482 of the Code of Criminal Procedure, praying to call for the records relating to C.C.No.162 of 2010 from the file of the learned Judicial Magistrate, Gudiyatham and quash the same.

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The accused in C.C.No.162 of 2010 on the file of the learned Judicial Magistrate, Gudiyatham, is the petitioner herein.

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The respondent/complainant filed a complaint against the petitioner for the offence under Section 138 of the Negotiable Instruments Act and this petition is filed to quash the same.

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It is submitted by the learned counsel for the petitioner that as per the complaint, the lawyer's notice dated 21.07.2010 was sent to the petitioner/accused and it was returned with an endorsement “no such addressee”. According to the petitioner, the respondent sent the notice to the incorrect address and hence, notice was returned with an endorsement “no such addressee” and therefore, there was no proper notice and hence, the complaint is liable to be quashed. In this regard, the learned counsel for the petitioner drew my attention to the House Tax receipt and Election Commission Identity Card, which would show that the petitioner is residing at No.85, Ward-1, Kurumpatti, Vijiapuram (p), Vellore.

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I am unable to accept the contention of the learned counsel for the petitioner. Whether the petitioner is living in the said address, to which the notice was given or whether the notice was issued to some other address, cannot be considered in the absence of the materials filed by the petitioner.

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The petitioner filed a copy of the complaint but, he has not filed a copy of the notice issued by the respondent/complainant. It is specifically stated in the complaint https://hcservices.ecourts.gov.in/hcservices/ that the notice was issued to the petitioner and he gave false information to the Postal department and made the postal department

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to return the notice. Hence, I am of the opinion that all these facts have to be gone into only at the time of trial.

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Therefore, the criminal original petition is dismissed. Consequently, connected miscellaneous petition is closed.

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The learned Judicial Magistrate, Gudiyatham is directed to dispose of the case in C.C.No.162 of 2010 within a period of four months from the date of receipt of a copy of this order.

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Sd/Assistant Registrar

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True Copy
Sub Assistant Registrar
cla
To
The Judicial Magistrate No.I,
Gudiyatham.
CRL.O.P.No.26931 of 2010
rsk(co)
pmk.26.6.2015

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https://hcservices.ecourts.gov.in/hcservices/

Govindaraj v. K.M.Shree Ekambaram

Case brief

What is this about?

What did the court decide?

Govindaraj v. K.M.Shree Ekambaram

Case brief

What is this about?

What did the court decide?

What the court decided

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