Madras High CourtCRL OP/18078/2017dismissed

M/S.Creative Construction v. M/S.Amruthajan Health Care Ltd

2021-11-16Honourable Mr Justice N. Sathish Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.11.2021 C O R A M THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR Crl. O.P. No. 18078 of 2017 and Crl.M.P.Nos. 11029 & 11030 of 2017

1. M/s. Creative Construction Group[Chennai] Private Ltd, Represented by its Managing Director, S. Senthil Kumar, No.15, Kumarapuram, Chrompet, Chennai - 600 044.

2. S. Senthil Kumar

3. Usha Paramasivam . . . Petitioners

Versus

M/s. Amruthanjan Health Care Ltd., Represented by M.Srinivasan, Company Secretary, and Authorised Signatory, No.103, [Old No.42-45], Luz Church Road, Mylapore, Chennai - 600 004.

. . . Respondent PRAYER : Criminal Original Petition filed under Section 482 of Cr.P.C. to call for the entire records pertains to C.C.No.5583/2015, pending on the file of XVIII Metropolitan Magistrate at Saidapet, Chennai, to quash the same. For petitioners : Mr.A.Gouthaman For respondent : No appearance

O R D E R

This Criminal Original Petition has been filed to quash the proceedings laid down in C.C.No.5583/2015, pending on the file of XVIII Metropolitan Magistrate at Saidapet, Chennai. https://hcservices.ecourts.gov.in/hcservices/

2. Heard Mr.A.Gouthaman, learned counsel appearing for the petitioner and 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-V) //True copy// Sub Assistant Registrar shk/mvs.

To The XVIII Metropolitan Magistrate, Saidapet, Chennai.

Crl. O.P. No. 18078 of 2017 PMK(CO) GMY(29/11/2021) https://hcservices.ecourts.gov.in/hcservices/