R.Janaki v. P.Vijayakumar
Case brief
What is this about?
The High Court dismissed a petition seeking quashing of proceedings under Section 138 NI Act, holding such matters require a full trial. Bail was granted upon filing an application under Section 436 Cr.P.C.
What did the court decide?
The petition for quashment was dismissed. Bail was granted subject to filing an application under Section 436 Cr.P.C. and execution of a bond.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated 02.12.2021
CORAM:
THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR
Crl. O.P. No. 3597 of 2017 and Crl.M.P.No.2607 of 2017
R.Janaki . . . Petitioner/Accused
Versus
P.Vijayakumar . . . Respondent/Complainant
PRAYER : Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records and quash the summon and the case in C.C.No.38 of 2016, filed against the petitioner/accused on the file of the Fast Track Court, Magistrate IV, George Town, Chennai.
For Petitioner : No appearance
ORDER
This Criminal Original Petition has been filed to quash the criminal proceedings in C.C.No.38 of 2016, filed against the petitioner/accused on the file of the Fast Track Court, Magistrate IV, George Town, Chennai.
Issues for consideration
3 issues framed by the court
Whether the High Court can quash criminal proceedings under Section 482 Cr.P.C. when the petitioner is charged under Section 138 of the Negotiable Instruments Act?
Whether the quashing of the case should be considered at this stage of the proceedings?
Whether the petitioner can be released on bail while her defence is pending before the trial court?
Parties & counsel
- petitioner
R. Janaki
- respondent
P. Vijayakumar
Coram
N. Sathish Kumar
Case details
As recorded by the court registry
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