Petition under Section 482 Cr.P.C. sought quashing of a Section 138 NI Act complaint over two dishonoured cheques, alleging improper notice. The court found no merits, holding the defence could be decided at trial, and dismissed the petition.
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Crl.O.P.No.21884 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.01.2024
CORAM
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI
Crl.O.P.No.21884 of 2019 and Crl.M.P.No.11367 of 2019
C.Padmanabhan ... Petitioner
Vs.
G.Mohanasundaram ... Respondent
Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., to call for the records pertaining to the STC.No.9 of 2018 on the file of the learned Judicial Magistrate, Sirkali and quash the same.
For Petitioner : Mr.Sundarapandiyan.B For Respondent : Mr.S.A.Shanmugam
O R D E R
The petitioner has filed this petition seeking to call for the records pertaining to the STC.No.9 of 2018 on the file of the learned Judicial Magistrate, Sirkali and quash the same.
Crl.O.P.No.21884 of 2019
filed a complaint under Section 138 of Negotiable Instrument Act in STC.No.9 of 2018 for dishonouring of cheque bearing Nos.713531, 713532 dated 01.10.2018 for a sum of Rs.5,00,000/- (Rupees Five lakh only) and Rs 4,00,000/- (Rupees Four Lakhs only), drawn on State Bank of India, Villivakkam Branch, Chennai and the same was taken on file in STC.No.9 of 2018 on the file of the learned Judicial Magistrate, Sirkali.
was not given and he was not aware of the de-facto complainant initiating vexatious proceedings and accordingly he prays to quash the proceedings.
Crl.O.P.No.21884 of 2019
filling his counter objection. At the end of the trial only the defence raised by the respondent can be decided. Hence, I do not find any merits to quash the proceedings.
Consequently, connected Miscellaneous petition is closed.
04.01.2024
rri
Speaking Order/ Non Speaking Order Index: Yes/ No Internet: Yes/ No
To
Crl.O.P.No.21884 of 2019
T.V.THAMILSELVI, J.
rri
Crl.O.P.No.21884 of 2019 and Crl.M.P.No.11367 of 2019
04.01.2024
1 issue framed by the court
Whether proceedings under Section 138 NI Act in STC.No.9 of 2018 should be quashed for want of proper notice on the petitioner.
2 provisions across 2 enactments
C.Padmanabhan
G.Mohanasundaram
T.V.Thamilselvi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
