M.Ravikumar v. T.R.Velumani
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 29.04.2015
CORAM
THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP.No.11069 of 2015 and M.P.Nos.1 and 2 of 2015 M.Ravikumar ...
Petitioner/ Accused Vs 1.T.R.Velumani 2.V.Lakshmi both rep.by their Power Agent T.R.Gunasekar ... Respondents/ Complainant Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to call for the record in CC.No.367 of 2015 on the file of the learned Metropolitan Magistrate, Fast Track Court No.VI, George Town, Chennai and quash the same. For Petitioner :Mr.V.M.Venkatramana
ORDER
This petition has been filed to call for the records in CC.No.367 of 2015 on the file of the learned Metropolitan Magistrate, Fast Track Court No.VI, George Town, Chennai and quash the same.
2.Heard the learned counsel for the petitioner and perused the material placed on record.
3.The petitioner is facing a prosecution for an offence under Section 138 of the Negotiable Instruments Act, launched by the respondent/complainant, in respect of two post-dated cheques for a sum of Rs.11,50,000/-. It is the contention of the petitioner that there is a civil suit pending between the parties and further contended that the cheques were obtained under coercion and duress. It is also brought to the notice of this Court that a letter dated 07.04.2014 addressed to the petitioner to the Bank, stopping payment in respect of the said two cheques. This Court cannot go into the disputed question of facts in an application under Section 482 CrPC. In such circumstances, this petition is dismissed with https://hcservices.ecourts.gov.in/hcservices/
liberty to the petitioner to raise all the questions before the trial Court. Consequently, connected Miscellaneous Petitions are closed.
Sd/- Asst.Registrar (CS IV ) /true copy/ Sub Asst. Registrar mps To The Metropolitan Magistrate, Fast Track Court No.VI, George Town, Chennai 1 cc to Mr.V.M. Venkataraman, Advocate, Sr. 24046 Crl.OP.No.11069 of 2015 and M.P.Nos.1 and 2 of 2015 PUR (CO) kk 22/5 https://hcservices.ecourts.gov.in/hcservices/