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Madras High CourtCRL OP/3642/2017dismissed

Mrs. I.Jayalakshmi, A/50yrs, v. A.S.M. Karthick Kumar,

2021-11-16Honourable Mr Justice N. Sathish Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR Crl.O.P. No.3642 of 2017 and Crl.M.P.Nos.2643 & 2644 of 2017 I.Jayalakshmi, W/o. M.Iniyarasu

...Petitioner

Vs.

A.S.M.Karthick Kumar, Proprietor, M/s. Kallalagar Enterprises

...Respondent

PRAYER: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records comprised in C.C.No.1421 of 2015 pending on the file of the Hon'ble I Fast Track Court, Egmore, Chennai and quash the same. For Petitioner : No appearance For Respondent : No appearance

O R D E R

(This case has been heard through video conference) This Criminal Original Petition has been filed to quash the private complaint filed under Section 138 of Negotiable Instruments Act against the petitioner in C.C.No. 1421 of 2015 on the file of learned I Fast Track Court, Egmore, Chennai.

2. Today, when the matter taken up for hearing, there is no representation neither on behalf of the petitioner nor on behalf of the respondent. However, the learned Counsel appearing for the petitioner filed a memo to withdraw the Vakalat. Memo was taken on record.

3. The main ground raised is that, no alleged cheque has been issued. In such view of the matter, since the factual aspect has been raised, the same cannot be gone into and it is a matter of evidence. Hence, this Criminal Original Petition is https://hcservices.ecourts.gov.in/hcservices/

liable to be dismissed. Accordingly, the Criminal Original Petition is dismissed. Consequently, the connected Miscellaneous Petitions are closed.

s/d- Assistant Registrar //True Copy// Sub-Assistant Registrar gd/rpp To The Presiding Officer I Fast Track Court, Egmore, Chennai +1 CC to Mr.K. Poomalai, Advocate sr 58814.

Crl.O.P. No.3642 of 2017 SS(CO) SP(30/11/2021) https://hcservices.ecourts.gov.in/hcservices/