Madras High CourtCRL OP/1137/2019dismissed

N.M.Nijamudheen v. Abdul Raheem

2022-03-22Honourable Dr Justice G. Jayachandran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated :22.03.2022 Coram:

THE HONOURABLE DR. JUSTICE G. JAYACHANDRAN Crl.O.P.No.1137 of 2019 and Crl.M.P.No.747 of 2019 N.M.Nijamudheen

...Petitioner

/versus/ Abdul Raheem

...Respondent

Criminal Original Petition has been filed under Section 482 of Cr.P.C., praying to call for the entire records in S.T.C.No.174 of 2018 on the file of the learned Judicial Magistrate, Vaniyambadi, Vellore District and quash the same. For Petitioner :Mr.I.C.Vasudevan For Respondent :No appearance

O R D E R

The petition has been filed to quash the private complaint initiated under Section 138 of the Negotiable Instruments Act. 2.The complaint is in respect of the four cheques issued in the name of NMS Agencies signed by the petitioner herein. 3.The contention of the learned counsel appearing for the petitioner is that the cheques were not issued to discharge any legally enforceable debt and this was issued, pursuant to an agreement made between the complainant's daughter and the petitioner's father to pay Rs.5,00,000/- as cash and four cheques, which are now subject matter of the S.T.C.No.174 of 2018 pending on the file of the Judicial Magistrate, Vaniyambadi, Vellore District.

4.Considering the averments made in the petition to quash the complaint, this Court finds that the case does not fall within the parameter laid down by the Hon'ble Supreme Court to https://hcservices.ecourts.gov.in/hcservices/

quash the complaint to short-circuit the trial. Hence, this Criminal Original Petition is dismissed.

5.However, it is open to the petitioner herein to approach the trial Court to dispense with his personal appearance either on the petition under Section 205 of Cr.P.C or the petition under Section 317 of Cr.P.C. On such petition, the trial Court may consider the petition and dispense with the personal appearance of the petitioner, whenever it is not required. The trial may be completed, as expeditiously as possible, since the case is already four years old. Consequently, connected Miscellaneous Petition is closed.

s/d- Assistant Registrar True Copy Sub-Assistant Registrar ari To:

1.The Judicial Magistrate, Vaniyambadi, Vellore District +1 CC to Mr.I.C.Vasudevan, Advocate sr 19581. Crl.O.P.No.1137 of 2019 and Crl.M.P.No.747 of 2019 AD(CO) SP(04/04/2022) https://hcservices.ecourts.gov.in/hcservices/