A. Elavarasan v. T. Varadharajan
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08-06-2026
CORAM
THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR and Crl.M.P.Nos.9186 & 9187 of 2026
1. A. Elavarasan S/o.Arumugam, Shanmuga Nagar, 4th Road, Thuraimangalam, Peramubalur-621220.
Petitioner(s) Vs
1. T. Varadharajan S/o.Thangappan, Sendurai village, Sendurai Taluk, Ariyalur District.
Respondent(s) PRAYER To call for the records from the learned Magistrate court, Sendurai at Perambalur district in STC No.63 of 2025 and quash the above said proceedings in accordance with law and pass fit and proper order to secure the ends of justice.
For Petitioner(s):
Mr.A.Arasu Ganesan
ORDER
The petitioner / accused in STC.No.63 of 2025 for the offences punishable under Sections 138 and 142 of Negotiable Instruments Act and 1 / 5
Section 200 of CrPC on the file of the learned District Munsif cum Judicial Magistrate Court, Sendurai, Perambalur District, has filed this quash petition. 2.The contention of the petitioner is that it is projected that the petitioner and the respondent are known for the past eight years and the petitioner had taken a loan of Rs.40,00,000/- on 17.04.2019 from the respondent. Thereafter, for repayment of the same, a panchayat was held on 13.12.2024 in the Party Office of Amma Makkal Munnettra Kazhagam (AMMK) and on that date, the petitioner is said to have given a cheque bearing No.000115 drawn on KVB, Perambalur Branch, for a sum of Rs.40,00,000/-. 3.The learned counsel for the petitioner submitted that even going by the admitted statement of the respondent that the loan was taken on 17.04.2019, but the cheque has been said to have drawn on 19.12.2024, it is beyond the period of limitation of five years. Hence, for time barred, the cheque cannot be presented for collection. He also submitted that he also given a detailed reply to the statutory notice on 03.02.2025.
4.Considering the facts and circumstances of the case and the materials available, it is seen that in the reply notice, the petitioner had admitted the relationship between the petitioner and the respondent. The petitioner was an 2 / 5
unsuccessful candidate during the 2019 Parliament Election. The respondent was his agent and one S.Karthikeyan was the District Secretary. As per the party procedure, at the time of contesting the election, the petitioner had handed over signed blank cheque, stamp paper, two green and white sheets, which according to the petitioner, after the election, when he asked for return of the same from S.Karthikeyan, he informed that the documents have been misplaced and has not returned. In the meanwhile, the petitioner's original property documents bearing Document No.4834 of 2013 and Document No.7385 of 2007 were also retained by the said S.Karthikeyan. Now this cheque has been used by the respondent and a false case has been projected. 5.
Considering the submissions made and a perusal of the documents, it is seen that the petitioner admits the relationship between the petitioner and the respondent as a political party candidate and agent. Further, it has been stated that to one S.Karthikeyan, District Secretary, to whom the cheques have been given. The petitioner's contention is that the petitioner in the reply notice, he had stated that the cheques were undated issued in the year 2019, which have been filled up. It is seen that the point raised by the petitioner / victim which cannot be decided in the quash petition, which has to be necessarily decided only during trial.
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6.In view of the above, this Court is not inclined to quash STC.No.63 of 2025. Accordingly, this Criminal Original Petition is dismissed. Consequently, the connected miscellaneous petitions are closed. No costs. 08-06-2026 krk Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.The learned District Munsif cum Judicial Magistrate, District Munsif cum Judicial Magistrate Court, Sendurai, Perambalur District. 2.The Public Prosecutor, High Court of Madras, Chennai.
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M.NIRMAL KUMAR, J.
krk Crl.O.P.No.14319 of 2026 and Crl.M.P.Nos.9186 & 9187 of 2026 08.06.2026 5 / 5