Shaik Mohammed Kamal Basha v. M/S Samunnati Agro Solutions Pvt Ltd
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.01.2025
CORAM
THE HON'BLE MR. JUSTICE P.VELMURUGAN and Crl.M.P.Nos.827 & 828 of 2025 Shaik Mohamed Kamal Basha ... Petitioner Vs.
M/s.Samunnati Agro Solutions Pvt. Ltd., Rep. by its Power Agent, Sri.Amudan, S/o.Kannappa Ramasamy Having Office at Baid Hi Tech Park No.129B, 8th Floor, East Coast Road, Thiruvanmiyur, Chennai - 600 041.
... Respondent PRAYER:
Criminal Original Petition filed under Section 528 of BNSS, to call for the records and quash S.T.C.No.46/2022 on the file of the V Fast Track Court, Metropolitan Magistrate, Saidapet, Chennai. For Petitioner : Mr.S.Jayaseelan
O R D E R
This Criminal Original Petition has been filed to call for the records and quash S.T.C.No.46/2022 on the file of the V Fast Track Court, Metropolitan Magistrate, Saidapet, Chennai.
2. Heard the learned counsel appearing for the petitioner and perused the materials available on record.
3. Learned counsel for the petitioner submitted that he neither availed loan nor executed any loan agreement with the respondent. The disputed cheque was issued only by the partnership firm. Hence he prays to quash the case in S.T.C.No.46 of 2022 on the file of the V Fast Track Court, Metropolitan Magistrate, Saidapet, Chennai.
3. The petitioner has not sent any reply to the statutory notice issued by the respondent. The grounds taken by the petitioner are matter of defence and the same can be decided only after trial, not at this stage. Hence, this Court does not find any merit in the petition.
4. In view of the same, this Criminal Original Petition is dismissed. Consequently, connected miscellaneous petitions are closed. The petitioner is at liberty to take all his defence during trial/enquiry in pending S.T.C before the trial court.
22.01.2025 mfa Index:Yes/No Speaking Order: Yes/No To The V Fast Track Court, Metropolitan Magistrate, Saidapet, Chennai.
P.VELMURUGAN, J.
mfa and Crl.M.P.Nos.827 & 828 of 2025 22.01.2025