The High Court dismissed the petition seeking quashment of cheque bounce proceedings. The court noted the petitioner admitted executing the cheque and held the nature of the underlying debt was a matter for the trial court, barring quashment at this stage.
Petition dismissed; proceedings in the trial court continue; Crl.M.P.No.17962 of 2024 closed.
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.31515 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 17.12.2024
Coram:
THE HONOURABLE MR.JUSTICE P.VELMURUGAN
Crl.O.P.No.31515 of 2024 and Crl.M.P.No.17962 of 2024 ---
Mrs.Shalini Lazar .. Petitioner
Vs.
A.Vivekanand
Criminal Original Petition filed under Sectio 482 of Cr.P.C. and under Section 528 of BNSS, 2023, praying to call for the records and to quash the proceedings, pending at the trial Court for falsely inducted the petitioner in the STC.No.5739 of 2023, on the file of XXVI Metropolitan Magistrate, Additional Court No.1, at Chennai, Egmore, being no offence has been made out.
For petitioner : Mr.F.Najimudeen
ORDER
The petitioner has filed the present petition seeking to call for the records and to quash the proceedings, pending in the trial Court, for falsely inducting the petitioner in STC.No.5739 of 2023 on the file of XXVI Metropolitan Magistrate, Additional Court No.1, at Chennai, Egmore, being no offence made out.
Page No.1 / 3
Crl.O.P.No.31515 of 2024
17.12.2024
cs
To
Page No.2 / 3
Crl.O.P.No.31515 of 2024
P.VELMURUGAN, J
cs
Crl.O.P.No.31515 of 2024
17.12.2024
Page No.3 / 3
2 issues framed by the court
Whether the matter of discharge of legally enforceable debt precluded the quashing of cheque bounce proceedings.
Whether the petitioner could plead the nature of the debt as a matter for trial rather than quashing the petition.
2 provisions across 2 enactments
Mrs. Shalini Lazar
A. Vivekanand
P.Velmurugan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
