Madras High CourtCRL OP(MD)/5945/2017dismissed

A.Roselet Bai v. T.Kannan

2018-10-30Honourable Mr Justice N. Anand Venkatesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.10.2018

CORAM

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH CRL.O.P.(MD) No.5945 of 2017 and Crl.M.P.(MD)No.4026 and 4027 of 2017 A.Roselet Bai ... Petitioner Vs T.Kannan ... Respondent PRAYER: Criminal Original Petitions filed under Section 482 of Cr.P.C, to call for the records in S.T.C.No.3 of 2017 on the file of the Judicial Magistrate No.IV, Tirunelveli and quash the same. For Petitioner : Mr.G.Murugendran For Respondent : Mr.R.Anand

ORDER

This petition has been filed to quash the proceedings in S.T.C.No.3 of 2017 on the file of the Judicial Magistrate No.IV, Tirunelveli.

2.This petition has been filed on the ground that the complaint does not contain any material with regard to the actual money transaction that happened between the petitioner and the respondent. The further ground that has been taken by the petitioner is that the cheque was given as security and the same has been misused by the respondent. The learned counsel has also disputed the liability on the ground that the promissory note was executed only by the petitioner's husband.

3.The learned counsel for the petitioner would further submit that the petitioner does not owe any money to the respondent and the cheque has been misused by the respondent and a criminal complaint has been filed.

4.The grounds raised by the petitioner are all factual in nature. These grounds will have to be established before the Court below in the course of trial. The Court below is directed to consider the grounds raised by the petitioner on its own merits and in accordance with law. This Court does not find any ground to https://hcservices.ecourts.gov.in/hcservices/

interfere with the proceedings at this stage. 5.In the result, this criminal original petition is dismissed and the Court below is directed to complete the proceedings in S.T.C.No.3 of 2017 within a period of three months from the date of receipt of copy of this order and report before this Court after completion of the proceedings. Consequently, the connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (AD-I) /True Copy/ Sub Assistant Registrar (CS-IV) To The Judicial Magistrate No.IV, Tirunelveli.

Copy To:- The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai. (2 Copies) + 1 CC TO Mr.G.MURUGENDRAN, ADVOCATE IN SR No. 93771 MM TE/SV/SAR-4 : 04/12/2018 : 2P/5C CRL.O.P.(MD)No.5945 of 2017 30.10.2018 https://hcservices.ecourts.gov.in/hcservices/