Madras High CourtCRL OP(MD)/16523/2016dismissed

N.A.Senthil Kumar v. Jamaldeen

2016-09-06Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.09.2016

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P(MD)No.16523 of 2016 and Crl.M.P.(MD).Nos.8108 and 8109 of 2016 N.A.Senthil Kumar .. Petitioner Vs.

Jamaldeen .. Respondent PRAYER:Criminal Original Petition has been filed under Section 482 of Cr.P.C., praying to call for the records in C.C.No.243 of 2014 on the file of the learned District Munsif cum Judicial Magistrate, Bodinayakanur and quash the same. For Petitioner :Mr.C.Ganesh Kumar

ORDER

This petition has been filed seeking to quash the C.C.No.243 of 2014 on the file of the learned District Munsif cum Judicial Magistrate, Bodinayakanur.

2.Heard the learned counsel for the petitioner and perused the records.

3. The case of the petitioner is that his name is Senthil Kumar, S/o.Ayyappasamy. But a private complaint has filed by the complainant in the name of N.A.Senthil, S/o. Ayyasamy. Further he submitted that he has not received any legal notice under Section 138 N.I.Act.

4. The case of the respondent/complainant is that the petitioner borrowed a sum of Rs.3,00,000/- on 23.04.2014 and issued a cheque dated 25.03.2014 for repayment of the loan amount and it was dis-honoured on the ground of 'funds insufficient' and therefore the petitioner is liable to be punished under Section 138 N.I.Act.

5. It is seen that the notice sent to the accused and the acknowledgement card were included as document Nos.3 and 4.The defence taken by the petitioner can be decided only after trial and at this stage, this cannot be entertained. Hence, I do not find any ground to quash the private complaint. Therefore, this Criminal Original Petition is dismissed. Consequently, connected miscellaneous petitions are also closed.

Sd/- Assistant Registrar(AS) /True Copy/ https://hcservices.ecourts.gov.in/hcservices/ Sub-Assistant Registrar

To The District Munsif cum Judicial Magistrate, Bodinayakanur +One cc to Mr.C.Ganesh Kumar, Advocate, SR.No.50423 PJL RL/3C/2P/GSV/PM/27/9/2016 Crl.O.P(MD)No.16523 of 2016 06.09.2016 https://hcservices.ecourts.gov.in/hcservices/