Regunathan, M/A 59 Years, v. V.Sadagopan, F/A 34 Years,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.11.2021 CORAM :
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR CRL.O.P.NO.17536 OF 2017 AND CRL.M.P.NOS.10735 & 10736 OF 2017 Regunathan ... Petitioner/4th Accused .Vs.
V.Sadagopan Proprietor of M/s.Shivanand Tex, Having office at No.2-4, OKS Layout, Opp. Ayyappan Koil Street, Tirupur - 641 602.
... Respondent/Complainant PRAYER:- Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records pertaining to the complaint in C.C.No.1837 of 2006 on the file of the Judicial Magistrate No.1, Tiruppur, and quash the said complaint as against the petitioner/4th accused.
For Petitioner :
Mr.J.Franklin
O R D E R
This Criminal Original Petition has been filed to quash the proceedings in C.C.No.1837 of 2006 on the file of the Judicial Magistrate No.1, Tiruppur.
2. Heard the learned counsel for the petitioner and perused the entire materials available on record.
3. The petitioner is charged with an offence under Section 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 https://hcservices.ecourts.gov.in/hcservices/
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 Petitions are 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 IV) //True Copy// Sub Assistant Registrar mkn To The Judicial Magistrate No.1, Tiruppur.
CRL.O.P.NO.17536 OF 2017 SJ(CO) PBS/01/12/2021 https://hcservices.ecourts.gov.in/hcservices/