Wife and partner in a firm sought quashing of a cheque-dishonour complaint on the ground that statutory notice was not issued to her. The court held any defence could be raised before the trial court, dispensed with her personal appearance, and dismissed the petition.
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.
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.02.2024
CORAM:
THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI
CRL.OP No. 6191 of 2022 Crl. MP. No. 3485 & 3486 of 2022
1 Jayashree ...petitioner
Vs.
M.Tamilselvan
...Respondent
PRAYER : This petition has been filed under Section 482 of Cr.P.C, to call for the records pertaining to the STC No. 1638 of 2021 on the file of the learned judicial magistrate No., Salem and quash the same.
For Petitioner : Mr.B.Sundarapandiyan
For Respondent : Mr. S.Balaji
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ORDER
The petitioner herein filed this petition to call for the records pertaining to the STC No. 1638 of 2021 on the file of the learned judicial magistrate No., Salem and quash the same.
3
connected miscellaneous petition is closed.
02.02.2024
pbl To The Public Prosecutor, High Court, Madras.
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T.V.THAMILSELVI, J.
pbl
CRL.OP No. 6191 of 2022 Crl.MP.No. 3485 & 3486 of 2022
02.02.2024
1 issue framed by the court
Whether proceedings under Section 138 NI Act can be quashed against the petitioner for failure to issue notice to her as a partner of the firm.
2 provisions across 2 enactments
Jayashree
M.Tamilselvan
T.V.Thamilselvi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
