Vasantha, Aged 62 Years, v. Mrs.Savithra Devi,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 27.01.2022 C O R A M THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR Crl. O.P. Nos.4643 of 2018 & Crl.M.P.Nos.2267 & 2268 of 2018 Vasantha W/o.R.Selvaraj ...

Petitioner/Accused 1

Versus

Mrs.Savithra Devi Proprietor Agarwal Steel Enterprises V-110, 3rd Floor, Ramanalayam Building 6th Main Road Anna Nagar, Chennai - 600 040 ... Respondent / Complainant PRAYER : Criminal Original Petition filed under Section 482 of Cr.P.C. to call for the records relating to C.C.No.7 of 2018 on the file of Fast Track Court (Magisterial Level), Ambattur, Thiruvallur District till the disposal of this petition. For Petitioner ...

No appearance For Respondent ... Mr.R.Muthukumar

O R D E R

This Criminal Original Petition has been filed to quash the proceedings in C.C.No.358 of 2017 pending on the file of Fast Track Court (Magisterial Level), Ambattur, Thiruvallur District

2. Today, when the matter is taken up for hearing, there is no representation for the petitioner.

3. Having gone through the materials available on record, this Court is of the considered view that when a complaint is filed under Section 138 of the Negotiable Instruments Act, this Court cannot go into the question of fact as to the validity of https://hcservices.ecourts.gov.in/hcservices/

the issuance of cheque and whether the cheque has been issued towards a legally enforceable debt or not. Those issues are factual and triable issues, which have to be decided only by way of a full fledged trial and not otherwise under Section 482 of Code of Criminal Procedure. The above view of this Court is fortified by the decision of the Hon'ble Supreme Court in STATE OF HARYANA AND OTHERS Vs. BHAJANLAL AND OTHERS 1992 Supp (1) Supreme Court Cases 335, wherein the Hon'ble Supreme Court has held that the power of quashing a criminal proceeding should be exercised very sparingly and with circumspection.

4. In such a view of the matter, this Court is of the view that quashing of the case cannot be considered, at this point of time. Accordingly, this Criminal Original Petition is dismissed. It is for the petitioner to take all his defence before the trial Court. The accused is directed to appear before the trial Court within two weeks from the date of receipt of a copy of this order and file an application under Section 436 of Code of Criminal Procedure. On such filing of the application, trial Court is directed to release the petitioner on bail on the same day on executing a bond for a sum of Rs.10,000/- (Rupees Ten thousand only) each with two sureties. If thereafter, he absconds, a fresh FIR can be registered under Section 229 A of the Indian Penal Code. Consequently, connected Criminal Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS-VII) //True copy// Sub Assistant Registrar gpa To

1. The Fast Track Court (Magisterial Level), Ambattur, Thiruvallur District.

2. The Public Prosecutor Madras High Court, Chennai +1cc to Mr.R.Muthukumar, Advocate SR.No.4639 Crl. O.P. No.4643 of 2018 & Crl.M.P.Nos.2267 and 2268 of 2018 KK(CO) GMY(10/02/2022) https://hcservices.ecourts.gov.in/hcservices/