Dismissed

K.Lakshmanan, v. P.R.Madhaiyan

Madras HC3 Dec 2021CRL OP/29240/2017

Case brief

AI extract

What is this about?

The High Court of Madras held that quashing is inappropriate in cheque dishonour cases where factual issues exist. The petition was dismissed, and directions were issued for the trial court to release the petitioner on bail.

What did the court decide?

Petitioner directed to take defence before trial Court; accused to appear, apply for bail under S. 436 CrPC and be released on bond of Rs. 10,000.

K.Lakshmanan, Vs P.R.Madhaiyan — Cheque Dishonour | Madras HC (2021)

¶1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶2

DATED: 03.12.2021

¶3

CORAM

¶4

THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR

¶5

Crl. O.P. No.29240 of 2017 and Crl.M.P.Nos.16526 & 16527 of 2017

K.Lakshmanan

...Petitioner

Vs.

P.R.Madhaiyan ...Respondent

¶10

PRAYER: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, praying to call for the records in C.C.No.65 of 2017 on the file of the Court of Judicial Magistrate, Palacode and quash the same.

¶11

ORDER

¶12

This Criminal Original Petition has been filed to call for the records in C.C.No.65 of 2017 on the file of the Court of Judicial Magistrate, Palacode and quash the same.

¶13

Today, when the matter is taken up for hearing, there is no representation neither on behalf of the petitioner nor on behalf of the respondent.

¶14

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, https://hcservices.ecourts.gov.in/hcservices/ wherein the Hon'ble Supreme Court has held that the power of

¶15

quashing a criminal proceeding should be exercised very sparingly and with circumspection.

¶16

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.

¶17

Sd/-

¶18

Assistant Registrar (CCC) //True Copy//

¶19

Sub Assistant Registrar

¶20

nr/msv

¶21

¶22

The Judicial Magistrate, Palacode.

¶23