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Madras High CourtCRL OP/20026/2015closed

M/S.A.P.Thomas v. Small Industries Development

2015-08-11Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 11.08.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP No.20026 of 2015 and M.P. No.1 of 2015 1.M/s.A.P.Thomas Rep. by its Managing Partner A.T.Francis, aged about 58 years No.67, Cutchery Street, Erode-1.

2.A.T.Francis 3.A.T.Louis ..

Petitioner Vs Small Industries Development Bank of India [SIDBI] Rep. by its Authorised Representative, T.Gulasekaran S/o.T.T.Thirunavukarasu, Om Tower, No.10/3, Nalli Hospital Road, Annamalai Layout, Erode-11.

..

Respondent Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., praying to call for the records amended in CC.No.1567 of 2008 on the file of the Judicial Magistrate No.1, Erode and quash the same. For Petitioner :Mr.V.Kadhirvelu

ORDER

This Criminal Original Petition has been filed praying to call for the records amended in CC.No.1567 of 2008 on the file of the Judicial Magistrate No.1, Erode and quash the same.

2. Heard Mr.V.Kadhirvelu, the learned counsel for the petitioner.

3. It is the case that the petitioners have borrowed loan from SIDBI and had issued certain cheques, which were dishonoured, following which, SIDBI had lodged the present prosecution against the petitioners for offence under Section 138 of Negotiable Instrument Act.

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4. The learned counsel for the petitioners submits that the impugned cheques were issued as security to SIDBI, which they have misused.

The Hon'ble Supreme Court in S.Krishnamoorthy Vs. Chellammal [2015 (4) Scale 371] has held that this Court under Section 482 Cr.P.C., cannot not go into the disputed question of fact, in a prosecution under Section 138 of Negotiable Instrument Act.

5. Hence, this Criminal Original Petition is dismissed with liberty to the petitioner to raise all the points before the Trial Court. Consequently, connected miscellaneous petition is also dismissed.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar ds To, 1.The Judicial Magistrate-I Erode.

+1 cc to Mr.V.KadhirVelu, Advocte sr.42003/15 Crl.OP No.20026 of 2015 ca(co) aa04/09/2015 https://hcservices.ecourts.gov.in/hcservices/