The High Court dismissed a petition under Section 482 Cr.P.C. seeking to quash criminal proceedings for cheque dishonour. The court held that the existence of a legally enforceable debt is a question of fact for the trial court, and quashing at the threshold is impermissible.
Petition dismissed and connected miscellaneous petitions closed.
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
RESERVED ON : 29.06.2015
DELIVERED ON : 03.07.2015
CORAM
THE HONOURABLE MR.JUSTICE P.N.PRAKASH
Crl.O.P.No.14504 of 2015 and M.P.Nos.1 and 2 of 2015
B.K.Ravi ...Petitioner/Accused Vs B.M.Ramachandran ...Respondent/Complainant
Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records in C.C.No.2 of 2015 on the file of learned District Munsif Cum Judicial Magistrate, Vaniyambadi, Vellore District and quash the entire proceedings.
For Petitioner : Mr.G.Vinodh Kumar [No appearance]
ORDER
This petition has been filed to call for the records in C.C.No.2 of 2015 on the file of learned District Munsif Cum Judicial Magistrate, Vaniyambadi, Vellore District and quash the entire proceedings.
of his liability, he issued seven post dated cheques, which when presented were dishonoured. After the issuance of statutory notice, when the accused did not repay the amount, the complainant lodged a complaint under Section 138 of the Negotiable Instruments Act before the learned District Munsif cum Judicial Magistrate, Vaniyambadi, which has been taken on file as C.C.No.2 of 2015, challenging which the accused is before this Court.
In the result, this petition is devoid of merits and the same is dismissed. Consequently, connected miscellaneous petitions are closed. Sd/Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar gms To 1.District Munsif Cum Judicial Magistrate, Vaniyambadi, Vellore District.
2.The Public Prosecutor High Court, Madras. 1 CC to Mr.G.Vinodh Kumar, Advocate SR.No. 33158
Crl.O.P.No.14504 of 2015
SAI (CO) PSI (07.07.2015)
2 issues framed by the court
Whether the prosecution under Section 138 of the Negotiable Instruments Act can be quashed at the threshold before trial based on disputed debt.
Whether the question of legally enforceable debt between the complainant and the accused is a question of fact to be determined during trial.
Colour shows how this judgement treated each authority
S.Krishnamoorthy v. ChellammalReferred¶17
S.Krishnamoorthy v. Chellammal 2015 (4) Scale 371
2 provisions across 2 enactments
B.K.Ravi
B.M.Ramachandran
P.N. Prakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
