The High Court of Madras dismissed the petitioner's Crl.O.P. seeking quashing of Section 138 NI Act proceedings. Finding no grounds for quash, the Court directed the trial court to finish the trial within three months.
Quash petition dismissed; trial directed to be completed within three months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.10.2018
CORAM:
THE HONOURABLE MR.JUSTICE M. NIRMAL KUMAR
Crl.O.P.No.8483 of 2011
and
M.P.No.1 of 2011
Premalatha ...Petitioner/A2
Vs.
G.V. Chenchaiah ...Respondent/Complainant
Prayer:
Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to call for the entire records and quash the further proceedings in C.C.No.2919 of 2010 on the file of the X Metropolitan Magistrate, Egmore, Chennai.
For Petitioner : No Appearance For Respondent : Mr.R.Krishnakumar ***** O R D E R
The learned counsel for the respondent is present. None appeared on behalf of the petitioner, despite the petitioner's name printed in the cause list. The petitioner has filed the Criminal Original Petition seeking to quash the further proceedings in C.C.No.2919 of 2010 on the file of the learned X Metropolitan Magistrate, Egmore, Chennai, filed by the respondent/complainant for the offence under Section 138 of the Negotiable Instruments Act (hereinafter referred to NI Act), which is pending for trial.
private complaint. There was no representation for the petitioner/A2 on the previous occasion too and the case was posted "for dismissal" on 20.07.2018. Today, when the matter is called up in the morning twice, there is no representation for the petitioner. Hence, on perusal of the records, orders are passed on merits in this matter.
respondent/complainant received considerable amount as retirement benefits from the ICF. Knowing this, A1 demanded for a hand loan of Rs.1,13,000/- for marriage proposal of his son and promised that the loan amount would be returned with 2% interest within six months.
Deputy Registrar
//True Copy//
Sub Assistant Registrar
To
KR/2/11/18 Crl.O.P.No.8483 of 2011 and M.P.No.1 of 2011
3 issues framed by the court
Whether the Criminal Original Petition filed under Section 482 Cr.P.C. seeking quashing of proceedings under Section 138 NI Act deserves to be allowed.
Whether the failure to serve statutory notice on the petitioner invalidates the proceedings given she was a secondary accountholder.
Whether the trial court should be directed to complete the trial within a specific timeframe.
2 provisions across 2 enactments
PREMALATHA
G.V. CHENCHAIAH
M. NIRMAL KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
