The High Court dismissed a petition for quashing cheque-dishonour proceedings, holding that existence of legally enforceable debt is a factual issue for trial. Bail was granted upon application under Section 436 Cr.P.C.
Bail granted on execution of bond with two sureties upon filing application for bail under Section 436 Cr.P.C.
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: 26.11.2021
C O R A M
THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR
Crl. O.P. No. 6209 of 2017 and Crl.M.P.No.4613 &4614 of 2017
M.Raja . . . Petitioner Versus
S.Jayapal . . . Respondent
PRAYER : Criminal Original Petition filed under Section 482 of Cr.P.C. to call for the records and quash the complainant in C.C.No.5332 of 2016 on the file of learned XXIII Metropolitan Magistrate, Saidapet, Chennai.
For Petitioner : Mr.C.Prabhakaran
O R D E R
This Criminal Original Petition has been filed to call for the records and quash the complainant in C.C.No.5332 of 2016 on the file of learned XXIII Metropolitan Magistrate, Saidapet, Chennai.
3.Learned counsel for the petitioner submitted that the main ground on which the quashment of proceedings is sought for before this Court is that there is no legally enforceable debt.
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.
Sd/-
Assistant Registrar
//True Copy//
Sub Assistant Registrar
msv/nr
To
+1cc to Mr.C.Prabhakaran, Advocate, S.R.No.61584
Crl. O.P. No. 6209 of 2017 and Crl.M.P.No.4613 &4614 of 2017
KSM(CO) CT 09/12/2021
2 issues framed by the court
Whether Section 482 of Cr.P.C. bars a High Court from adjudicating on whether a cheque was issued for a legally enforceable debt at the quashment stage.
Whether the proceedings in a cheque-dishonour case should be quashed on the ground of absence of legally enforceable debt.
Colour shows how this judgement treated each authority
State of Haryana and Others vs. Bhajanlal and OthersRelied on¶16
STATE OF HARYANA AND OTHERS Vs. BHAJANLAL AND OTHERS 1992 Supp (1) Supreme Court Cases 335
3 provisions across 2 enactments
M. Raja
S. Jayapal
N. SATHISH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
