K.B.Shankar, v. Mangaikarasi,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.01.2022 CORAM :
THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR Crl.O.P.No.17748 of 2018 and Crl.M.P.No.9208 of 2018 K.B.Shankar ... Petitioner Vs.
Mangaikarasi M.Loganathan (deceased complainant) ... Respondent Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records relating to C.C.No.13 of 2016 from Fast Track Court Magistrate Court, Alandur, Chennai, and quash the same.
For Petitioner : No appearance For Respondent : Mr.Venkatesh for Mr.V.Raghupathi
O R D E R
This Criminal Original Petition has been filed to quash the proceedings in C.C.No.13 of 2016 on the file of the Judicial Magistrate, Fast Track Court at Magisterial Level, Alandur, Chennai.
2.Today, when the matter was taken up for hearing, there was no representation on behalf of the petitioner. 3.The petitioner is charged with an offence under Section 138 of the Negotiable Instruments Act. 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 the issuance of cheque https://hcservices.ecourts.gov.in/hcservices/
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 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.
Consequently, connected Criminal Miscellaneous Petition is closed.
5.It is for the petitioner to take all his defence before the trial Court. It is also open to the petitioner/accused 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, the trial Court is directed to release the petitioner on bail on the same day on he 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. SD/- ASSISTANT REGISTRAR // TRUE COPY // SUB ASSISTANT REGISTRAR mkn To The Judicial Magistrate, Fast Track Court at Magisterial Level, Alandur, Chennai.
+1cc to Mr.V.Raghupathi, Advocate Sr.4327 Crl.O.P.No.17748 of 2018 pch[co] srg 10/02/2022 https://hcservices.ecourts.gov.in/hcservices/