Sajitha Praveen v. K.R.Udhayam

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.01.2024

CORAM

THE HON'BLE MRS.JUSTICE R.HEMALATHA and Crl.M.P.(MD) Nos.3480 & 3481 of 2021 1.Sajitha Parveen 2.A.Sikkander Badhusha ... Petitioners Vs.

K.R.Udhayam Through his General Power Agent V.Murugan ... Respondent Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, 1973, to call for the Private Complaint in S.T.C.No. 90 of 2021 pending before the learned Judicial Magistrate No.1, Madurai District dated 04.01.2021 filed under Section 200 of Cr.P.C. for the offences punishable under Section 138 of Negotiable Instrument Act and quash the same as illegal.

For Petitioners : Mr.T.Aswinrajasimman for M/s.T.Lajapathi Roy & Associates For Respondent : Mr.G.Aravinthan Page No. 1 of 4

O R D E R

The present Criminal Original Petition is filed seeking to quash the Private Complaint filed by the respondent under Section 200 of Cr.P.C. before the Judicial Magistrate Court (Fast Track Court) No.1, Madurai on 04.01.2021 in S.T.C.No.90 of 2021 against the present petitioners for the offences punishable under Sections 138 & 142 of the Negotiable Instruments Act, 1881.

2. Mr.T.Aswinrajasimman, learned counsel for the petitioners would contend that subsequent to the issuance of statutory notice, the petitioners/accused re-paid the entire amount due under Cheques bearing Nos.748052 dated 28.12.2019, 748051 dated 15.01.2020 and 748050 dated 24.01.2020 and a reply notice dated 05.08.2020 was also sent to the respondent/complainant in this regard.

3. A perusal of the private complaint shows that the respondent/complainant had received the reply notice dated 05.08.2020 and had subsequently contended that all the allegations made in the reply notice dated 05.08.2020 are totally false which means that he has not received any amount due under the Cheques.

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4. In the circumstances, I do not see any reason to quash the private complaint filed by the respondent/complainant under Section 200 of Cr.P.C. Accordingly, this Criminal Original Petition stands dismissed. The petitioners are directed to appear before the concerned Court. Consequently, connected Miscellaneous Petitions are closed. 30.01.2024 Index: Yes/ No Speaking Order / Non-Speaking Order JEN To The Judicial Magistrate No.1, Madurai District.

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R.HEMALATHA , J.

JEN and Crl.M.P.(MD) Nos.3480 & 3481 of 2021 30.01.2024 Page No. 4 of 4