Arunraj v. R.Raja

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.04.2023

CORAM

THE HONOURABLE MR. JUSTICE SUNDER MOHAN Crl.O.P.Nos.26828 & 27037 of 2019 And Crl.M.P.Nos. 14293, 14295, 14444 & 14445 of 2019 Arunraj ... Petitioner/Accused in Crl.O.P.No. 26828/2019 Gowrishankar ... Petitioner/Accused in Crl.O.P.No. 27037/2019 Vs R.Raja

...Respondent/Complainant in Crl.O.P.No. 26828/2019

G.Sarathkumar

...Respondent/Complainant in Crl.O.P.No. 27037/2019

Prayer in Crl.O.P.No. 26828/2019: Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records relating to the proceedings of the complaint in STC No. 800 of 2019 on the file of the Judicial Magistrate No. 4, Salem, Salem District and quash the same.

Prayer in Crl.O.P.No.27037/2019: Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records relating to the proceedings of the complaint in STC No. 911 of 2019 on the file of the Judicial Magistrate No. 6, Salem, Salem District and quash the same.

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For Petitioners in both Crl.O.Ps. : Mr. M.Senthilkumar For Respondents in both Crl.O.Ps. : Mr.T.karunakaran C O M M O N O R D E R These Petitions are to quash the complaint under Section 138 of the Negotiable Instruments Act.

2. The only ground raised by the petitioners in both the Petitions is that the complainants had forged the signatures of the petitioners and have presented the cheques for collection.

3. The points raised by the petitioners have to be adjudicated only before the trial Court. Hence, this Court is not inclined to entertain the quash petitions. However, the petitioners are at liberty to raise all points before the trial Court.

4. In view of the above, these Criminal Original Petitions are dismissed. Consequently, connected Civil Miscellaneous Petitions are also dismissed. 03.04.2023 vsg Index: Yes/No Speaking Order / Non-Speaking Order To

1. Judicial Magistrate No. 4, Salem, Salem District

2. Judicial Magistrate No. 6, Salem, Salem District

SUNDER MOHAN. J, vsg Crl.O.P.Nos.26828 & 27037 of 2019 And Crl.M.P.Nos. 14293, 14295, 14444 & 14445 of 2019 03.04.2023