Mahaveer Chand Jain v. Sri Balaji Preforms

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Mahaveer Chand Jain ... Petitioner

Versus

M/s. Sri Balaji Preforms, Rep.by its Partner & Power Agent, Mr. P. Rakesh Kumar, S/o. M. Prakash, Plot No.9, Harbour Colony, 6th Lane 2nd Street, Kodungaiyur, Chennai - 600 118. ... Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records and quash the STC.No.47 of 2024 on the file of the learned Metropolitan Magistrate (Fast Track Court No.4), George Town at Chennai. For Petitioner : Mr. R. Harinath

O R D E R

This Criminal Original Petition has been filed to quash the proceedings in STC.No.47 of 2024 pending on the file of the learned Metropolitan Magistrate (Fast Track Court No.4), George Town in Chennai.

2. The brief facts of the case is that the complainant is a supplier of plastic goods to the petitioner's company. The petitioner had issued cheques for a sum of Rs.3,75,000/-, which were security cheques, wherein, the petitioner had a credit period of 90 days for each bill to repay the supplier. Without any intimation to the petitioner, the complainant presented the four cheques for collection, which were returned due to the reason that the petitioner's account had been locked due to the unavoidable circumstances.

3. The learned counsel for the petitioner submitted that the petitioner was arrayed as an accused based on the complaint under Section 200 of Criminal Procedure Code, (Cr.P.C.,), 1973, lodged by the complainant/respondent for the offences under Section 138 of the Negotiable Instruments Act, 1818, for dishonouring of the cheque amount of Rs.3,75,000/-, even after the petitioner repaid a substantial amount to the respondent/complainant. Therefore, he prayed to list the matter before the

permanent Lok Adalat for amicable settlement.

4. Considering the facts and circumstances of the case and upon considering the submissions made by the learned counsel for the petitioner, this Court directs the learned Metropolitan Magistrate (Fast Track Court No.4), George Town, Chennai, to refer the case in S.T.C.No.47 of 2024 before the Lok Adalat for amicable settlement between the parties.

5. The permanent Lok Adalat shall attempt to settle the dispute within eight weeks from the date of reference. If the matter is not settled within eight weeks, the permanent Lok Adalat is directed to refer the matter once again before the Trial Court for trial.

6. With the above observations and directions, this Criminal Original Petition is disposed of.

04.04.2025 klt G.K.ILANTHIRAIYAN, J.

klt

To 1.The learned Metropolitan Magistrate (Fast Track Court No.4), George Town at Chennai.

04.04.2025