Atulsha v. The Southern Textiles Limited
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.11.2024
CORAM
THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.O.P.No.27934 of 2024 and Crl.M.P.Nos.15501 & 15502 of 2024 Atulsha, S/o.Mr.Ramaniklal Shah, Proprietor, Sree Vijayalakshmi Spinners, 52-A, P.M.Samy Colony, 1st Street, R.S.Puram, Coimbatore- 02.
... Petitioner Vs.
The Southern Textiles Limited, Represented by its Finance Controller, Mr.S.Subramaniam aged 56 years, S/o.Mr.Sivananthan, 1/19, Abdul Rahim Road, Race Course, Coimbatore-18.
... Respondent PRAYER: Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records and quash the proceedings pending in C.C.No.32/2022 on the file of the Judicial Magistrate Fast Track Court No.I, Magisterial Level Coimbatore for an offence under Section 138 of the Negotiable Instruments Act, 1881. Page No.1 of 4
For Petitioner : Mr.Arunkumar for Mr.S.Gopinath
ORDER
This Criminal Original Petition has been filed to quash the proceedings in C.C.No.32 of 2022 pending on the file of the Judicial Magistrate, Fast Track Court No.I, Magisterial Level. 2.The learned counsel for the petitioner would submit that the statutory notice is defective in as much as the cheque number was not mentioned in the said notice; and that the complainant has not established that the cheque was issued for legally enforceable debt. 3.Admittedly, the proceedings before the Trial Court has commenced. This Court is of the view that the points raised by the petitioner can be raised before the Trial Court. It is needless to say that the Trial Court shall consider the same on its own merits.
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4.With the above observations, this Criminal Original Petition is dismissed. Consequently, connected criminal miscellaneous petitions are closed.
08.11.2024 Index:Yes/No Speaking Order/Non Speaking Order vv2 To The Judicial Magistrate, Fast Track Court No.I, Magisterial Level, Coimbatore.
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SUNDER MOHAN, J.
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