K.Sellamuthu v. V.Thavamani
Crl.O.P.[MD].No.11189 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.12.2019
CORAM:
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.[MD].No.11189 of 2019 and Crl.M.P.(MD)Nos.7029 and 7031 of 2019 K.Sellamuthu : Petitioner/Sole Accused Vs.
V.Thavamani : Respondent/Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records in S.T.C.No.37 of 2019, pending on the file of the learned Judicial Magistrate (Fast Track) Court, Theni and quash the same.
For Petitioner : Mr.N.Tamilmani For Respondent : Mr.C.Vakeeswaran
ORDER
This Criminal Original Petition has been filed to quash the proceedings in S.T.C.No.37 of 2019, pending on the file of the learned Judicial Magistrate (Fast Track) Court, Theni. 2.Today, when the matter is taken up for hearing, the learned counsel for the petitioner would submit that the petitioner filed I.P.No.24 of 2018, before the Principal District Court, Theni and in the petition, the respondent/complainant has been shown as one of the creditors. He would further submit that the proceedings pending in S.T.C.No.37 of 2019 cannot be sustained.
3.The learned counsel for the respondent/complainant would submit that the insolvency proceedings is not a bar for taking criminal proceedings against the petitioner. Further, filing a petition under the Insolvency Act, the petitioner cannot be absolved from the criminal liability and moreover the insolvency proceeding is only at the notice stage. He would also further submit that the entire trial has been completed and the case stands posted for arguments on 19.12.2019.
4.This Court is of the opinion that the pendency of the https://hcservices.ecourts.gov.in/hcservices/ 1/2
Crl.O.P.[MD].No.11189 of 2019 insolvency proceedings is not a bar for initiating the proceedings under the Negotiable Instruments Act. Hence, the petitioner has not made out any grounds to quash this petition.
5.Accordingly, this Criminal Original Petition is dismissed. Consequently, connected miscellaneous petition are closed. Sd/- Assistant Registrar (CO) // True Copy // / /2020 Sub Assistant Registrar(CS) To The Judicial Magistrate (Fast Track) Court, Theni. +1 CC to M/s.N.TAMILMANI, Advocate (SR-105810[F] dated 19/12/2019) +1 CC to M/s.C.VAKEESWARAN, Advocate (SR-105824[F] dated 19/12/2019) SJI TE : 07/01/2020 : 2P/4C Crl.O.P.[MD].No.11189 of 2019 18.12.2019 (2/2) https://hcservices.ecourts.gov.in/hcservices/ 2/2