In a special leave under Section 482 CrPC to quash a cheque dishonour case, the Madras High Court dismissed the petition, holding that the grounds were merely trial defenses and new documents required cross-examination before the trial Court.
Criminal Original Petition dismissed; connected miscellaneous petitions closed; no costs awarded.
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.O.P.No.24229 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.09.2024
CORAM:
THE HONOURABLE MR.JUSTICE P.DHANABAL
CRL.O.P.No.24229 of 2022 and Crl.M.P.Nos.15356 & 15357 of 2022
M.Sangeetha ... Petitioner
Vs. R.Mathesh ... Respondent
PRAYER : Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to call for the records in S.TC.No.1850 of 2019 on the file of the Judicial Magistrate, Uthangarai and quash the charges made in the final report filed in S.T.C.No.1850 of 2019.
For Petitioner : Mr.S.Kingston Jerold For Respondent : Mr.E.Kannadasan
ORDER
This Criminal Original Petition has been filed to quash the proceedings
in S.T.C.No.1850 of 2019 on the file of the Judicial Magistrate, Uthangarai,
which was taken cognizance under Section 138 of Negotiable Instruments Act.
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Crl.O.P.No.24229 of 2022
Crl.O.P.No.24229 of 2022
to stop the payment if any made by using the said cheques. The cheque was
stolen and the same was reported before the concerned bank and duly stop payment was made and after the period of lapse of 4 years, the cheque has been misused, thereby the pending proceedings are abuse of process of law. Therefore, the pending proceedings in S.T.C.No.1850 of 2019 is liable to be quashed.
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Crl.O.P.No.24229 of 2022
this case witnesses were examined, the petitioner was also cross-examined and nothing elucidated from the witness in respect of these grounds raised by this petitioner. Now, the petitioner has filed this present Criminal Original Petition only to drag on the proceedings. At this stage, the petitioner has to face the trial, and hence this petition is liable to be dismissed.
Crl.O.P.No.24229 of 2022
in accordance with law.
20.09.2024
Index :Yes/No Internet : Yes/No Speaking order/non-speaking order gvn
To
2.The Public Prosecutor, High Court of Madras
https://www.mhc.tn.gov.in/judis Page 5 of 6
Crl.O.P.No.24229 of 2022
P.DHANABAL,J.
gvn
CRL.OP.No.24229 of 2022
20.09.2024
https://www.mhc.tn.gov.in/judis Page 6 of 6
3 issues framed by the court
Whether the financial dispute between parties justifies quashing cheque dishonour proceedings under Section 482 CrPC.
Whether the petitioner's claim of false impication and lack of legally enforceable debt warrants dismissal of quashing petition.
Whether new documents not tested by cross-examination warrant this Court allowing the petition or remitting to Trial Court.
1 provisions across 1 enactments
M.Sangeetha
R.Mathesh
P.DHANABAL
P.DHANABAL,J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
