This court quashed a complaint of cheque dishonour and allowed a criminal original petition after the respondent filed that cheque amount was received and requested a withdrawal of the prosecution. The connected criminal miscellaneous petition was closed.
The impugned complaint in S.T.C.No.2020 of 2020 was quashed.
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.
Crl OP No.10929 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.06.2023
CORAM :
THE HONOURABLE MR. JUSTICE SUNDER MOHAN
Crl.O.P.No.10929 of 2021 and
Crl.M.P.No.6489 of 2021
1. M/s. Designer Exports, A Partnership firm having its place of business at, No.36, East Topsia Road, Behind Trinamul Bhawan, Kolkata – 700 039.
2. Bhanwarlal Dugar
3. Raj Kumar Dugar
4. Neelima Dugar ... Petitioners / A1 to A4
Versus
M/s. Dollar Industries Limited, A Public Limited Company, having branch office at, Door No. 8/624, Avinashigounderpalayam, Angeripalayam Road, Tiruppur – 641 603. ... Respondent / Complainant
Prayer: Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to call for the records in STC.No.2020 of 2020 pending on the file of the Judicial Magistrate No.I, Tiruppur and to quash the same.
For Petitioners : No appearance
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For Respondent : Mr. R. Baskar
ORDER
Crl OP No.10929 of 2021
The learned counsel for the respondent fairly submitted that the
cheque amount has been received by the respondent and he has instruction not to pursue the impugned complaint in S.T.C.No. 2020 of 2020 on the file of the Judicial Magistrate No.I, Tiruppur and he has also
made an endorsement to that effect in the Court bundle.
2.In view of the submission and the endorsement made by the learned counsel for the respondent, this Court is of the view that the impugned complaint is liable to be quashed. Accordingly, the impugned complaint in S.T.C.No.2020 of 2020 on the file of the Judicial Magistrate No.I, Tiruppur is quashed and this Criminal Original Petition is allowed. Consequently, connected Criminal Miscellaneous Petition is closed.
16.06.2023
smv
Index: Yes/No Speaking Order / Non-Speaking Order Neutral Citation: Yes / No
To
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Crl OP No.10929 of 2021
1.The Judicial Magistrate No.I, Tiruppur
2.The Public Prosecutor, High Court of Madras.
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Crl OP No.10929 of 2021
SUNDER MOHAN, J
smv
Crl.O.P.No.10929 of 2021
16.06.2023
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1 issue framed by the court
Whether the criminal complaint for cheque dishonour is liable to be quashed upon receipt of the cheque amount and an instruction not to pursue the complaint.
1 provisions across 1 enactments
M/s. Designer Exports, A Partnership firm, Bhanwarlal Dugar, Raj Kumar Dugar, Neelima Dugar
M/s. Dollar Industries Limited
SUNDER MOHAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
