S. Vimalan v. D. Pankaj

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23-06-2026

CORAM

THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR and CRL MP No. 10341 of 2026 S. Vimalan Petitioner(s) Vs D. Pankaj Respondent(s) PRAYER Criminal Original Petition is filed under Section 528 BNSS praying to call for the records of proceedings in STC No.497 of 2025 on the file of the Learned Judicial Magistrate Fast Track, Poonamallee, as against the petitioner/accused and quash the proceedings and pass such further or other orders as this Court.

For Petitioner(s):

K. Chandrasekaran

ORDER

The petitioner/accused in S.T.C. No. 497 of 2025, who is facing trial for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881, has filed the present Criminal Original Petition seeking to quash the proceedings.

2.The primary contention of the petitioner is that, although the cheque in question was issued by him, it was issued only as collateral security on behalf of

2/4 one Vijayakumar, who had business dealings with the respondent/complainant. According to the petitioner, he had no business dealings or any other connection with the respondent/complainant. However, it is fairly admitted that the cheque was issued by the petitioner.

3.This Court finds that the contentions raised by the petitioner involve disputed questions of fact, which cannot be adjudicated in proceedings under Section 482 of the Code of Criminal Procedure. It is open to the petitioner to raise all his defences before the trial Court, which shall consider the same on their own merits and in accordance with law.

4.Accordingly, this Criminal Original Petition stands dismissed. Consequently, connected miscellaneous petition is closed. 23-06-2026 Index:Yes/No Speaking/Non-speaking order Internet:Yes ssr

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1. Judicial Magistrate Fast Track, Poonamallee.

2.The Public Prosecutor, High Court, Madras.

4/4 M.NIRMAL KUMAR J.

ssr 23-06-2026