High Court dismissed Criminal Original Petition seeking quashing of Section 138 NI Act proceedings. Court held quashing is not permissible as issues are factual and require full trial. Petitioner granted bail on Rs.10,000.
Petitioner granted bail on Rs.10,000 bond; connected criminal miscellaneous petition 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
DATED : 9/11/2021
CORAM
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
CRL. O.P. NO.15477 OF 2017
AND
CRL.M.P.NO. 9678 OF 2017
B.Dhanalakshmi
... Petitioner/Accused
Versus
J.Gayathri
... Respondent/Complainant
PRAYER : Criminal Original Petition filed under Section 482 of
Cr.P.C. to call for the records in STC.No.235 of 2017 on the
file of the learned Judicial Magistrate – I, Thiruvannamalai and
quash the proceedings therein.
For Petitioner : Mr.V.V.Sairam
For respondent : No appearance
O R D E R
This Criminal Original Petition has been filed to call
for the records in STC.No.235 of 2017 on the file of the learned
Judicial Magistrate – I, Thiruvannamalai and quash the
proceedings therein.
2. Heard Mr.V.V.Sairam, learned counsel for the
petitioner. There is no representation on behalf of the
respondent.
3. Having gone through the materials available on
record, this Court is of the considered view that when a
complaint is filed under Section 138 of the Negotiable
Instruments Act, this Court cannot go into the question of fact
as to the validity of the issuance of cheque and whether the
cheque has been issued towards a legally enforceable debt or
not. Those issues are factual and triable issues, which have to
be decided only by way of a full fledged trial and not otherwise
under Section 482 of Code of Criminal Procedure. The above view
of this Court is fortified by the decision of the Hon'ble
Supreme Court in STATE OF HARYANA AND OTHERS Vs. BHAJANLAL AND
OTHERS 1992 Supp (1) Supreme Court Cases 335, wherein the
Hon'ble Supreme Court has held that the power of quashing a
criminal proceeding should be exercised very sparingly and with
circumspection.
4. In such a view of the matter, this Court is of the
view that quashing of the case cannot be considered, at this
point of time. Accordingly, this Criminal Original Petition is
dismissed. It is for the petitioner to take all his defence
before the trial Court. The accused is directed to appear before
the trial Court within two weeks from the date of receipt of a
copy of this order and file an application under Section 436 of
Code of Criminal Procedure. On such filing of the application,
trial Court is directed to release the petitioner on bail on the
same day on executing a bond for a sum of Rs.10,000/- (Rupees
Ten thousand only) each with two sureties. If thereafter, he
absconds, a fresh FIR can be registered under Section 229 A of
the Indian Penal Code. Consequently, connected Criminal
Miscellaneous Petition is closed.
Sd/-
Assistant Registrar(CCC)
// True Copy //
Sub Assistant Registrar
mvs.
To
The Judicial Magistrate – I, Thiruvannamalai
Crl. O.P. No. 15477 of 2017
and
Crl.M.P.No. 9678 of 2017
AK-II(CO)
RLP(24/11/2021)
2 issues framed by the court
Whether the High Court can quash proceedings under Section 138 of the Negotiable Instruments Act before a full trial.
Whether factual issues regarding the issuance of a cheque and debt can be decided in summary nature under Section 482 CrPC.
Colour shows how this judgement treated each authority
State of Haryana and Others v. Bhajanlal and OthersRelied on¶18
STATE OF HARYANA AND OTHERS Vs. BHAJANLAL AND OTHERS 1992 Supp (1) Supreme Court Cases 335
3 provisions across 2 enactments
B.Dhanalakshmi
J.Gayathri
N.Sathish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court