Kavitha v. Prakash

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.02.2024

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI and Crl.M.P.Nos.4813 & 4815 of 2022 Kavitha ... Petitioner Vs.

Prakash ... Respondent Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to call for the records pertaining to STR No.1128 of 2018 on the file of Judicial Magistrate II, Karaikal and to quash the same. For Petitioner : Mr.S.V.Karthikeyan For Respondent : No appearance

O R D E R

The petitioner has filed this petition to quash the STR No.1128 of 2018 on the file of Judicial Magistrate II, Karaikal having been taken cognizance for the offences punishable under Sections 420 read with 34 of IPC.

2. The learned counsel for the petitioner submitted that the respondent has initiated the proceedings under Section 138 of the Negotiable instruments Act. According to the petitioner, the respondent has given a false complaint without any base stating that the cheque and the pronote issued by him for security purpose has been misused by the petitioner for filing a false complaint.

3. On seeing the facts that, on 12.08.2018 FIR was lodged against the petitioner and her husband in Crime No.171 of 2018 under Sections 420 read with 34 of IPC, stating that the petitioner and her husband were running an unregistered chit and collected lakhs of amounts but failed to repay the amount to the subscribers. On the other hand the petitioner now contends that he was falsely implicated in this case. If at all any chit transaction exists between the parties, they are directed to work out their remedy before the trial Court.

4. Accordingly, this Criminal Original Petition is dismissed as devoid of merits. Consequently, connected miscellaneous petitions are closed. 14.02.2024 Index: Yes/ No rri

T.V.THAMILSELVI, J.

rri and Crl.M.P.Nos.4813 & 4815 of 2022 14.02.2024