Santhanakumar v. Senthilkumar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.08.2025 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI and Crl.M.P.(MD)No.9549 of 2025 Santhanakumar ... Petitioner Vs.

Senthilkumar ... Respondents Prayer : Criminal Original Petition filed under Section 528 BNSS, to call for the records of the proceedings in STC.No.454 of 2024 on the file of the Fast Track Court at Magisterial Level at Karur and quash the same.

For Petitioner : Mr.R.Murugappan For Respondent : Mr.S.Gokul Raj

ORDER

The petitioner, who is accused in STC.No.454 of 2024 on the file of the Fast Track Court at Magisterial Level at Karur, has filed this petition to quash the said proceedings.

1/4

2.The learned counsel appearing for the petitioner submits that the complaint was lodged under Section 138 of the Negotiable Instruments Act, after statutory period. Further, he submits that the cheque was presented for collection on 23.05.2024 and it was dishonored on 24.05.2024. The legal notice was issued by the respondent on 07.06.2024 and it was received by the petitioner on 10.06.2024. Therefore, according to the learned counsel for the petitioner, complaint ought to have been filed on 09.07.2024, however, the complaint was filed belatedly on 23.08.2024, beyond statutory period of one month. 3.Considering this submission, this Court by its earlier order dated 22.07.2025 granted an order of interim stay.

4.The learned counsel appearing for the respondent submits that the complaint was taken on file on 08.07.2024 itself and he has also referred the proceedings of the learned Judicial Magisterial. 5.Since the petitioner has moved this petition by suppressing the material fact, this criminal original petition is dismissed with a cost of 2/4

Rs.10,000/- payable by the petitioner to the respondent. Consequently, connected miscellaneous petition is closed.

20.08.2025 NCC : Yes/No Index : Yes/No Internet:Yes gns To The Fast Track Court at Magisterial Level at Karur 3/4

B.PUGALENDHI,J gns 20.08.2025 4/4