S.Ashok v. M/S.Icici Bank Ltd.,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.12.2021

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR CRL. O.P. NO.10973 OF 2017 AND CRL.M.P.NOS.7227 AND 7228 OF 2017 S.Ashok

...Petitioner

Vs.

M/s.ICICI Bank Limited, Rep. by its authorized signatory K.Senthil Kumar No.1, Cenotaph Road Teynampet Chennai-600 018

...Respondent

PRAYER: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, praying to call for the records and quash the criminal proceedings in C.C.No.7115 of 2016 on the file of the XIV Metropolitan Magistrate Court, Egmore, Chennai as against the petitioner.

For Petitioner : No appearance For Respondent : Mr.T.Muruganantham

ORDER

This Criminal Original Petition has been filed to call for the records and quash the criminal proceedings in C.C.No.7115 of 2016 on the file of the XIV Metropolitan Magistrate Court, Egmore, Chennai as against the petitioner.

2. Heard the learned counsel for the respondent and there is no representation on behalf of the petitioner.

3. Having gone through the materials available on record, this Court is of the considered view that when a complaint is https://hcservices.ecourts.gov.in/hcservices/

filed under Section 138 of the Negotiable Instruments Act, this Court cannot go into the question of fact as to the validity of the issuance of cheque and whether the cheque has been issued towards a legally enforceable debt or not. Those issues are factual and triable issues, which have to be decided only by way of a full fledged trial and not otherwise under Section 482 of Code of Criminal Procedure. The above view of this Court is fortified by the decision of the Hon'ble Supreme Court in STATE OF HARYANA AND OTHERS Vs. BHAJANLAL AND OTHERS 1992 Supp (1) Supreme Court Cases 335, wherein the Hon'ble Supreme Court has held that the power of quashing a criminal proceeding should be exercised very sparingly and with circumspection.

4. In such a view of the matter, this Court is of the view that quashing of the case cannot be considered, at this point of time. Accordingly, this Criminal Original Petition is dismissed. It is for the petitioner to take all his defence before the trial Court. The accused is directed to appear before the trial Court within two weeks from the date of receipt of a copy of this order and file an application under Section 436 of Code of Criminal Procedure. On such filing of the application, trial Court is directed to release the petitioner on bail on the same day on executing a bond for a sum of Rs.10,000/- (Rupees Ten thousand only) each with two sureties. If thereafter, he absconds, a fresh FIR can be registered under Section 229 A of the Indian Penal Code. Consequently, connected Criminal Miscellaneous Petitions are closed.

Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar msv To The XIV Metropolitan Magistrate, Egmore, Chennai +1cc to Mr.T.Muruganantham, Advocate, S.R.No.62952 Crl. O.P. No.10973 of 2017 and CRL.M.P.Nos.7227 and 7228 of 2017 KG(CO) RLP(20/12/2021) https://hcservices.ecourts.gov.in/hcservices/