A.Rajasekar v. R. Latha

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.04.2026

CORAM

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR and Crl. M.P. No. 6324 of 2026 A. Rajasekar ... Petitioner Vs.

R. Latha ... Respondent Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 to call for records and to quash the private complaint in C.C. No.18 of 2026 pending trial on the file of the District Munsif Cum Judicial Magistrate, Chinnasalem. For Petitioner : Mr. S.B. Viswanathan

O R D E R

This Criminal Original Petition has been filed to quash the proceedings in C.C.No.18 of 2026 pending on the file of the District MunsifCum-Judicial Magistrate, Chinnasalem. 1/4

2. The petitioner / accused, who is facing trial in a case under Section 138 of Negotiable Instruments Act, has filed this quash petition.

3. The primary ground raised by the petitioner is that the debt is time barred and therefore, no complaint under Section 138 is maintainable.

4. The points raised by the petitioner are factual in nature. Whether Section 25(3) of the Indian Contract Act is applicable is a matter to be decided during trial.

5. In view of the same, this Court is not inclined to entertain this petition.

6. Accordingly, this Criminal Original Petition is dismissed. Consequently, connected miscellaneous petition is closed. 09.04.2026 AT 2/4

To The District Munsif-Cum-Judicial Magistrate, Chinnasalem. 3/4

M.NIRMAL KUMAR, J.

AT Crl. O.P. No. 8901 of 2026 and Crl. M.P. No. 6324 of 2026 09.04.2026 4/4