K.Arulprakash v. J.Premkumar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.08.2025
CORAM:
THE HON'BLE MR.JUSTICE N. SATHISH KUMAR K.Arul Prakash ... Petitioner Vs.
J.Premkumar ... Respondents PRAYER : Criminal Original Petition is filed under Section 528 of BNSS, to call for the records and quash the complaint in STC No.270 of 2025 dated 20.11.2024 on the file of the learned Judicial Magistrate Level Fast Track Court - II, Coimbatore.
For Petitioner : Mr.M.Saravanakumar
O R D E R
The Criminal Original Petition has been filed seeking to quash the proceedings in S.T.C.No.270 of 2025 against the petitioner for the offence under Section 138 of the Negotiable Instruments Act, on the file of the learned Judicial Magistrate Level Fast Track Court - II, Coimbatore. 1/4
2. The main contention of the learned counsel appearing for the petitioner is that the respondent had lodged a against the petitioner/accused before the Judicial Magistrate Level Fast Track Court - II, Coimbatore, for the offence under Section 138 of Negotiable Instruments Act, in S.T.C.No.270 of 2025, alleging dishonour of a cheque to the value of Rs.18 lakhs. The present petition has been filed seeking to quash the said complaint on the ground that there are variations in the complaint and the statements.
3. On perusal of the materials, this Court is of the view that it is a matter of evidence which requires appreciation and it is for the accused to dislodge the legal presumption before the trial Court. Therefore, this Court does not find any valid ground to quash the proceedings in S.T.C.No.270 of 2025, on the file of the learned Judicial Magistrate Level Fast Track Court - II, Coimbatore.
4. At this stage, the learned counsel for the petitioner sought the indulgence of this Court, to dispense with the personal appearance of the petitioner.
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5. Accordingly, this Criminal Original Petition stands dismissed. However, considering the nature of the case, the personal appearance of the petitioner before the trial Court is dispensed with, except for receipt of copies, answering the charges, questioning under Section 313 Cr.P.C., passing of judgment, or any other date as may be required by the trial Court. 18.08.2025 ham To The Judicial Magistrate Level Fast Track Court - II, Coimbatore. 3/4
N. SATHISH KUMAR , J.
ham 18.08.2025 4/4