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Madras High CourtCRL OP/28999/2025dismissed

Sri Kanniamman Engineering Service v. Calvalue Techno Services (Opc) Pvt Ltd

2025-10-25Honourable Mr Justice A.D.Jagadish Chandira4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25-10-2025

CORAM

THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA and Crl.M.P.No.19650 of 2025

1. Sri Kanniamman Engineering Service, Rep. by its Proprietor, V.Manivannan, #3, Malai Koil Street, Thirukkachur, Kanchipuram - 603 204.

2. V.Manivannan Petitioner(s) Vs

1. M/s.Calvalue Techno Services (OPC) Pvt Ltd. Represented by its Director, Mr.Amudham.S, No.196, 4th Main Road, MTC Nagar, Marai Malai Nagar, Peramanur, Chengalpattu, Chennai - 603209.

Respondent(s) PRAYER:- Petition filed under Section 528 of BNSS, to call for the entire records relating to the investigation of the case in S.T.C.No.542 of 2024 pending on the file of the Judicial Magistrate No.II, Chengalpet and quash the same as against the petitioner herein.

For Petitioner(s):

Mr.R.Krishnamurthy

ORDER

This petition is filed seeking to quash the proceedings in S.T.C.No.542 of 2024 pending on the file of the Judicial Magistrate No.II, Chengalpet filed for the alleged offence under Sections 138 & 148 of the Negotiable Instruments Act, 1881.

2. The learned counsel appearing for the petitioner would submit that in this case, other than the cheque, no other materials have been filed by the complainant to prove that there was an existing debt between the petitioner and the complainant and hence, the proceedings is an abuse of process of law. He would further submit that the cheque has been issued only for security purpose and the complainant has misused the cheque.

3. This Court is of the view that the grounds raised by the petitioner are matters for trial, which can be adjudicated before the Trial Court by letting in evidence. Hence, this Court finds that there is no merit in this quash petition.

4. Accordingly, this Criminal Original Petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. 25-10-2025 kkn Index:Yes/No Speaking/Non-speaking order Internet:Yes To:

1.The Judicial Magistrate No.II, Chengalpet.

2.The Public Prosecutor, Madras High Court, Chennai.

A.D.JAGADISH CHANDIRA J.

KKN 25-10-2025