Kishore Ramasamy, 35 Yrs, v. Purchase Manager And Power

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated 25.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR Crl. O.P. No. 24715 of 2017 and Crl.M.P.No.14281 of 2017 Kishore Ramasamy . . . Petitioner

Versus

Royal Shelter represented by its Purchase Manager and Power of Attorney P.Siva having registered office at, B-11, 1st Cross, Thillai Nagar, Tiruchirapalli - 620 018.

. . . Respondent PRAYER : Criminal Original Petition filed under Section 482 Cr.P.C., to call for the entire records relating to the proceedings in C.C.No.41 of 2013 on the file of learned Judicial Magistrate No.II (Fast Track), Coimbatore and quash the same.

For Petitioner : Mr.S.Saishankar For Respondent : Notice sent - Service Awaited

ORDER

This Criminal Original Petition has been filed to quash the proceedings initiated under Section 138 of Negotiable Instruments Act in C.C.No.41 of 2013 on the file of learned Judicial Magistrate No.II (Fast Track), Coimbatore. 2.Heard the learned counsel for the petitioner and perused the materials available on record.

3.The petitioner is proceeded for an offence under Section https://hcservices.ecourts.gov.in/hcservices/

138 of the Negotiable Instruments Act. 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 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. Consequently, connected Criminal Miscellaneous Petition is closed.

5.It is for the petitioner to take all his defence before the trial Court. The petitioner/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, the trial Court is directed to release the petitioner on bail on the same day on he 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. Sd/- Assistant Registrar(CS-VII) //True Copy// Sub Assistant Registrar psa/mkn To The Judicial Magistrate No.II (Fast Track), Coimbatore.

Crl. O.P. No. 24715 of 2017 RSV(CO) SU(07/12/2021) https://hcservices.ecourts.gov.in/hcservices/