Paneerselvam, M/A 51 Years, v. V.S.Chemicals,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.04.2018

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.No.11697 of 2018 and Crl.M.P.Nos.6115 and 6116 of 2018 Paneerselvam ... Petitioner/ Accused Vs V.S.Chemicals Rep.by its Proprietor, S.Shankar, No.9, Pumping Station Road, 1st Street, Thirunagar Colony, Erode.3.

... Respondent/ Complainant Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to call for the records and quash the Complaint in STC.No.607 of 2017 on the file of the Judicial Magistrate No.1, Erode.

For Petitioner :Mr.R.Dhineshkumar For Respondent :Ms.P.Kritika Kamal, Government Advocate (Crl.Side)

ORDER

This petition has been filed to quash the proceedings in STC.No.607 of 2017 on the file of the learned Judicial Magistrate No.I, Erode.

2.For the sake of convenience, the parties will be referred to as the complainant and the accused. 3.The complainant has launched a prosecution in S.T.C.No.607 of 2017 before the learned Judicial Magistrate No.I, Erode, under Section 138 of the Negotiable Instruments Act against the accused. Challenging which, the accused is before this Court.

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4.Heard Mr.Dhineshkumar, learned counsel appearing for the petitioner, who would submit that the impugned cheque was taken forcibly by the complainant, for which, the accused had sent a notice dated 24.08.2017 and had also lodged a police complaint against the complainant. The learned counsel would also submit that the complainant has filed a suit in O.S.No.23 of 2018 before the District Court, Erode, for recovery of money. Hence, the learned counsel submitted that when once suit has been filed, a prosecution under Section 138 of the Negotiable Instruments Act, cannot be maintained.

5.In the opinion of this Court, both proceedings can be maintained simultaneously and there is no bar in Law. As regards the contention that the cheque was obtained on threat, it is a disputed question of fact, which cannot be gone into in an application filed under Section 482 of CrPC. 6.Hence, this Criminal Original Petition is closed with liberty to the petitioner to raise all the points before the trial Court. The petitioner is directed to surrender before the trial Court within a period of four weeks from the date of receipt of a copy of this order and file an application under Section 436(1) of CrPC for bail. On such application being filed, the petitioner shall be released on bail on the same day on his executing a bond for Rs.5,000/-(Rupees five thousand only) with one surety for a like sum to the satisfaction of the trial Court. Consequently, connected Miscellaneous Petitions are closed.

Sd/- Asst.Registrar (Audit) /true copy/ Sub Asst. Registrar mps To 1.The Judicial Magistrate No.1, Erode.

2.do Through The Chief Judicial Magistrate, Erode. +1cc to Mr.R.Dineshkumar, Advocate, sr.no.30113 Crl.O.P.No.11697 of 2018 CrlMP.Nos.6115&6116/2018 MR(CO) RRK(29/05/18) https://hcservices.ecourts.gov.in/hcservices/