B.Rajesh, Age 38 v. M/S.Sree Gokulam Chit &

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR CRL. O.P. NO. 12511 OF 2017 AND CRL.M.P.NOS.8155 AND 8156 OF 2017 B.Rajesh ... Petitioner / Accused

Versus

M/s.Sree Gokulam Chit & Finance Co. (P) Ltd, represented by it manager / authorized representative, A.Selvaraj, No.66, Old.No.356, Arcot Road, Kodambakkam, Chennai - 600 024.

... Respondent / Complainant PRAYER : Criminal Original Petition filed under Section 482 of Cr.P.C. to call for the records in STC.No.76 of 2017 on the file of the learned Judicial Magistrate, Fast Track Court, Ambattur and quash the same.

For Petitioner : Mr.Sathish Kumar for M/s.R.Muniyapparaj For Respondent : No appearance

O R D E R

This Criminal Original Petition has been filed to call for the records in STC.No.76 of 2017 on the file of the learned Judicial Magistrate, Fast Track Court, Ambattur and quash the same.

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

3. Having gone through the materials available on record, this Court is of the considered view that when a complaint is 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-VIII) // True Copy // Sub Assistant Registrar mvs

To

1. The Judicial Magistrate, Fast Track Court, Ambattur

2. The Public Prosecutor, High Court, Madras.

Crl. O.P. No. 12511 of 2017 and Crl.M.P.Nos.8155 and 8156 of 2017 AK-II(CO) RLP(24/11/2021)