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Madras High CourtCRL OP/21796/2023dismissed

K.R.Nagamma v. S.Sathish Babu

2023-11-01Honourable Dr Justice G. Jayachandran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.11.2023

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Crl.O.P.No.21796 of 2023 and Crl.M.P.Nos.15078 & 15079 of 2023 K.R.Nagamma ... Petitioner Vs.

S.Sathish Babu ... Respondent Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, pleased to call for the records in C.C.No.1295 of 2022 pending on the file of the learned Judicial Magistrate at Tambaram and quash the same.

For Petitioner : Mr.K.Natarajan

O R D E R

Petition is filed to quash the private complaint initiated by the respondent under Section 138 of Negotiable Instruments Act as against the petitioner.

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2. The grounds raised for quashing the complaint are factual in nature, which has to be tested by the trial Court. Hence, by applying the guidelines of the Hon'ble Supreme Court rendered in Neeharika Infrastructure Pvt.Ltd Vs. State of Maharashtra and Others reported in 2021 SCC Online SC 315, this Criminal Original Ptition is dismissed with liberty to work out his remedy before the trial Court. Consequently, connected miscellaneous petitions are closed. 01.11.2023 Index : Yes/No Sma 2/4

Dr.G.JAYACHANDRAN,J.

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