M/S.Satyam Lights v. R.Vasu Deva Guptha

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.06.2025

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN Crl.O.P.No.10109 of 2025 and Crl.M.P.Nos.6744 & 6746 of 2025 M/s.Satyam Lights, Rep by its Authorised Signatory, Mrs.Varsha Dinesh Mehta, W/o Dinesh Mehta Mangalram Apartment, No.825, Poonamallee High Road, Flat No.A/12, Kilpauk, Chennai - 10.

... Petitioner Vs R.Vasu Deva Guptha ... Respondent PRAYER: Criminal Original Petition filed under Section 528 of BNSS 2023, to call for the records in STC No.2658 of 2024 pending on the file of the Fast Track-IV Metropolitan Magistrate, George Town, Chennai and to quash the same.

For Petitioner : M/s.Ramesh Kumar Chopra For Respondent : M/s.E.Ezhil Caroline

O R D E R

This Criminal Original Petition has been filed to call for the records in STC No.2658 of 2024 pending on the file of the Fast Track-IV Metropolitan Magistrate, George Town, Chennai and to quash the same.

2. Heard the learned counsel appearing for the petitioner and the learned Counsel appearing for the respondent and perused the materials available on record.

3. The learned counsel for the petitioner/accused submitted that the petitioner has not issued any cheque to the de-facto complainant/respondent herein to discharge any liability. The respondent had misused the petitioner's old blank cheque to recover a time barred claim. Hence, the petitioner prayed to quash the proceedings in STC No.2658 of 2024 on the file of the Fast Track-IV Metropolitan Magistrate, George Town, Chennai.

4. On a perusal of the records, it is seen that though, the petitioner has stated in the reply given to the statutory notice that her cheque was stolen, she herself admitted that she has not given any complaint regarding the missing of cheque. The grounds taken by the petitioner are nothing but defence and the same can be agitated only during the course of trial before the Trial Court. Hence, this is not a fit case to quash the private complaint filed against the petitioner in STC No.2658 of 2024.

5. In view of the above, this Criminal Original Petition is dismissed. However, the petitioner is at liberty to raise all her defence before the trial Court in the pending STC. Consequently, connected miscellaneous petitions are closed.

12.06.2025 mfa Index:Yes/No Speaking Order: Yes/No To The Fast Track-IV Metropolitan Magistrate, George Town, Chennai.

P.VELMURUGAN, J mfa Crl.O.P.No.10109 of 2025 and Crl.M.P.Nos.6744 & 6746 of 2025 12.06.2025