Petitioner sought quashing of a Section 138 NI Act complaint alleging her lost cheque was misused by the complainant. The court noted a promissory note, loan agreement and Rs.12,000 transfer showed a money transaction, and dismissed the petition, directing the petitioner to face trial.
None granted; petition dismissed and connected miscellaneous petitions closed.
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Crl.O.P.No.24269 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated:03.10.2024
Coram:
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
Crl.O.P.No.24269 of 2024
and M.P.Nos.13668 & 13669 of 2024
R.Sindhuja
.. Petitioner
/versus/
Mr.Govindaraj
.. Respondent
Criminal Original Petition has been filed under Section 428 of Cr.P.C/Section 528 of BNSS, to call for the entire records pertaining to C.C.No.3462 of 2024 pending on the file of XIX MM Court at Allikulam Chennai and quash the same.
For Petitioner :Mr.J.Muthuchelvi
ORDER
This petition has been filed to quash the private complaint
initiated under Section 138 of Negotiable Instruments Act, 1881.
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2.The learned counsel appearing for the petitioner states that the complainant is an Auto Driver and the petitioner is one of his customer. The said cheque was lost in the Auto by the petitioner and that has been misused by the complainant. It is further averred by the learned counsel appearing for the petitioner that since the complainant misbehaved with the petitioner, while she was travelling in the auto, she had given a complaint to the police on 23.06.2023.
loan and the petitioner's mother transferred Rs.12,000/- to the complainant through on-line on 11.04.2023. The complaint which is empowered, indicates that the petitioner borrowed a sum of Rs.3,50,000/by way of a loan agreement on 09.03.2024. The accused failed to pay the principal nor interest for a period of four months and when the complainant demanded to repay the money, the petitioner gave an evasive reply. At last she gave two cheques dated 29.09.2023 for Rs.2,50,000/and cheque dated 04.10.2023 for Rs.1,63,000/-. Both the cheques on
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presentation bounced, since the petitioner has instructed the bank to stop
payment.
the complainant showing there was a money transaction between the petitioner and the complainant. Since other facts which are canvassed before this Court are not factually in nature, the petitioner has to face trial and prove her innocence. Hence, this Criminal Original Petition is dismissed. Consequently, connected Miscellaneous Petitions are closed.
03.10.2024
Index:Yes/No Internet:Yes/No Neutral Citation:Yes/no ari
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Crl.O.P.No.24269 of 2024
To:
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Crl.O.P.No.24269 of 2024
Dr.G. JAYACHANDRAN,J.
ari
Crl.O.P.No.24269 of 2024 and M.P.Nos.13668 & 13669 of 2024
03.10.2024
1 issue framed by the court
Whether the private complaint under Section 138 NI Act should be quashed given the petitioner's claim that the lost cheque was misused by the complainant.
2 provisions across 2 enactments
R.Sindhuja
Govindaraj
G.Jayachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
