R.Krishnamoorthy v. K.S.Chinnayan
Case brief
What is this about?
Madras High Court, CRL OP No. 18383 of 2026, decided 14-07-2026 by Justice D. Bharatha Chakravarthy. Petitioner R. Krishnamurthy (M/s. Mary Fashion Implex, Tiruppur) sought quashing under S.528 BNSS of STC.No.507 of 2019 before Judicial Magistrate (Fast Track Court No.II), Erode, filed by respondent K.S. Chinnayan (M/s. Sri Raam Dyeing Factory, via POA agent P. Rangaraj). Ground: complaint filed before 15 days of statutory notice, returned and re-presented; Yogendra Pratap Singh v. Savitri Pandey (AIR 2015 SC 157) cited by counsel. Quash refused at belated stage as trial ongoing; liberty reserved to raise point before trial court; personal appearance dispensed with (Crl.M.P.No.12234 of 2026). Keywords: premature complaint, representation of returned complaint, Section 528 BNSS, quashing, belated challenge, exemption from appearance.
What did the court decide?
Quash petition not entertained; liberty kept open to the petitioner to raise the premature-complaint point before the trial court; Criminal Original Petition disposed of and connected miscellaneous petition closed; petitioner exempted from personal appearance before the Trial Court except for hearings as insisted by the Trial Court (Crl.M.P.No.12234 of 2026 ordered).