Mohamedmeeran.A v. M/S. Equitas Small Finance Bank Limited,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.11.2024 Coram:
THE HONOURABLE MR. JUSTICE P.VELMURUGAN Crl.O.P.No.29635 of 2024 and Crl.M.P.Nos.16583 and 16584 of 2024 Mohamedmeeran ... Petitioner Vs.
M/s.Equitas Small Finance Bank Limited (Formerly known as M/s.Eqiutas Finance Limited) Office at Spencer Plaza, No.769 th Floor, Phase-II, Anna Salai Chennai - 600 002 Rep. by its Authorized Officer Mr.Ukesh Kumar N (E97371) ... Respondent Prayer: Criminal Original Petition filed under Section 528 of B.N.S.S. to call for the records in S.T.C.No.7860 of 2024 pending on the file of Metropolitan Magistrate (Fast Track Court No.I), Allikulam, Egmore at Chennai and quash the same.
For Petitioner : Mr.K.S.Sabarirama 1/6
ORDER
This Criminal Original Petition has been filed to quash the complaint in S.T.C.No.7860 of 2024 pending on the file of Metropolitan Magistrate (Fast Track Court No.I), Allikulam, Egmore at Chennai. 2.
The learned counsel for the petitioner submitted the respondent/complainant has filed a complaint against the petitioner under Section 200 Cr.P.C. read with Section 138 of the Negotiable Instruments Act, in S.T.C. No.7860 of 2024 before the Metropolitan Magistrate (Fast Track Court No.I), Allikulam, Egmore, Chennai, as if, the cheque in question issued to the respondent by the petitioner dishonoured, with an endorsement "Account Closed". The learned counsel submitted that the money covered under the said cheque, was already subjected to the proceedings before the Debt Recovery Tribunal and subsequently, the said proceeding was dismissed for default and hence, he was taking steps to restore the same. In the meantime, the 2/6
respondent/complainant filed a complaint under Section 138 of the Negotiable Instruments Act before the concerned Magistrate suppressing the material facts. Further, no notice was served on the petitioner before filing of the complaint. Hence, the learned counsel for the petitioner prayed that the complaint filed by the respondent/complainant against the petitioner is liable to be quashed.
3. Heard the learned counsel for the petitioner and perused the materials available on record.
4. Since no adverse order is to be passed, notice to the respondent is dispensed with.
5. The submissions made by the learned counsel for the petitioner are all matter of defence for trial, which cannot be decided by this Court while exercising its powers under Section 528 of B.N.S.S. (Section 482 Cr.P.C.) Further, the proceedings under Section 138 of the Negotiable Instruments Act are summary proceedings. The respondent/complainant has issued statutory 3/6
notice to the petitioner and the same was also served on the petitioner and that the respondent/complainant has also filed a copy of the legal notice sent to the petitioner along with the acknowledgement card. Therefore, it is for the petitioner to establish all his defences before the Magistrate pending trial.
6. This Court finds that there are prima facie allegations against the petitioner and there is no reason to quash the complaint filed against the petitioner in S.T.C. No.7860 of 2024.
7. Accordingly, this Criminal Original Petition is dismissed. Consequently, connected Miscellaneous Petitions are closed.
8. The petitioner is at liberty to take all his defences during trial/enquiry before the Magistrate in the pending S.T.C.
26.11.2024 Index : Yes / No Speaking Order : Yes / No ksa-2 4/6
To The Metropolitan Magistrate (Fast Track Court No.I) Allikulam, Egmore at Chennai 5/6
P.VELMURUGAN. J.
Ksa-2 26.11.2024 6/6