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Madras High CourtCRL OP/25019/2023dismissed

N.Sankar v. Sasikumar

2023-12-07Honourable Dr Justice G. Jayachandran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.12.2023

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN and Crl.M.P.Nos.17313 & 17314 of 2023 N.Sankar ... Petitioner Vs.

Sasikumar ...Respondent Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, pleased to quash the complaint filed in S.T.C.No.818 of 2023 on the file of the Judicial Magistrate No.I, Villupuram under Section 200 of Cr.P.C read with Section 138 of Negotiable Instruments Act. For Petitioner : Mr. C.S.Saravanan For Respondent : Mr.B.Manoharan

O R D E R

Petitioner is an accused in S.T.C.No.818 of 2023 on the file of the learned Judicial Magistrate No.I, Villupuram. 1/3

2. Citing his complaint to the police about the forceful seizure of bank account and signed cheque leaf and civil suit pending against him for recovery of money seeks for quashment of the private complaint initiated under Section 138 of Negotiable Instruments Act

3. This Court is of the view that, the contentions raised by the petitioner are the facts which need to be proved during the trial. The Court cannot under Section 482 of Cr.P.C appreciate the evidence arrive at the decisions summarily.

4. Accordingly, this Criminal Original Petition is dismissed. Consequently, connected miscellaneous petitions are closed. 07.12.2023 Index : Yes/No Sma To:

Judicial Magistrate No.I, Villupuram 2/3

Dr.G.JAYACHANDRAN,J.

Sma 07.12.2023 3/3