Dismissed

Jeevitha Gopinath, M/a 29 Yrs, v. Suresh Kumar Jindal

Madras HC19 Nov 2021CRL OP/20065/2017

Case brief

AI extract

What is this about?

A Criminal Original Petition under Section 482 CrPC to quash a complaint under Section 138 NI Act is dismissed without a hearing. The Court holds that factual validity of cheque issuance must be tried at length and quashing cannot be done. It releases the accused on bail pending trial via a connected petition.

What did the court decide?

Criminal Original Petition dismissed; Accused released on bail on bond of Rs. 10,000 with two sureties pending trial.

Jeevitha Gopinath, M/a 29 Yrs, Vs Suresh Kumar Jindal — Cheque Dishonour | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 19.11.2021

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CORAM

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THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR

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Crl. O.P. No.20065 of 2017 and Crl.M.P.Nos.12092 & 12093 of 2017

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Ms.Jeevitha Gopinath Director M/s Colorhome Developers Private Limited Old No.23, New No.19,7^th Street, “W”Block, Anna Nagar, Chennai-600 040 ..Petitioner Vs. Suresh Kumar Jindal Proprietor M/s United Steel Distributors No.35,(Old No.17),Jones Street , George Town, Chennai-600 001 Represented by his Son/Power Agent Vikram Jindal ..Respondent

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PRAYER: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records and quash the complaint in C.C.No.800 of 2017 before the Fast Track Court-IV Magistrate at George Town, Chennai as against the petitioner.

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For Petitioner : No appearance

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ORDER

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This Criminal Original Petition has been filed to call for the records and quash the complaint in C.C.No.800 of 2017 before the Fast Track Court-IV Magistrate at George Town, Chennai as against the petitioner.

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2.Today, when the matter is taken up for hearing, there was no representation either on behalf of the petitioner or on behalf of the respondent.

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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

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

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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.

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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 Petitions are closed.

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Sd/-

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Assistant Registrar(CS-VIII)

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//True Copy//

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Sub Assistant Registrar

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nr/ggs

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