Madras High CourtCRL OP(MD)/22058/2013disposed of

A.Usha v. Thiru.Nachiappan

2018-04-11Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.04.2018

CORAM

THE HONOURABLE MR. JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.22058 of 2013 and M.P(Md).Nos. 2 & 3 of 2013 and Crl.O.P(MD).No. 22059 of 2013 and M.P(MD).Nos. 2 & 3 of 2013 Crl.O.P.(MD)No.22058 of 2013 A.Usha ... Petitioner/Accused Vs.

Nachiappan ... Respondent/Complainant Crl.O.P.(MD)No.22059 of 2013 M.Anandaraj ... Petitioner/Accused Vs.

Nachiappan ... Respondent/Complainant PRAYER in Crl.O.P(MD).No.22058 of 2013: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the records pertaining to S.T.C.No.199 of 2013 on the file of the learned Judicial Magistrate No.II,(Fast Track Court), Madurai filed by the respondent and quash the same as illegal. PRAYER in Crl.O.P(MD).No.22059 of 2013: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the records pertaining to S.T.C.No.200 of 2013 on the file of the learned Judicial Magistrate No.II,(Fast Track Court), Madurai filed by the respondent and quash the same as illegal. In Both Crl.O.Ps For Petitioners : Mr.C.Kishore https://hcservices.ecourts.gov.in/hcservices/

COMMON ORDER These Criminal Original Petitions have been filed for quashing the proceedings in S.T.C.Nos.199 and 200 of 2003 on the file of the Judicial Magistrate No.II, (Fast Trac Court), Madurai. 2.The petitioners seek to quash these complaints on the ground that the cheques in question were issued as a matter of security. The learned counsel appearing for the petitioners relied on the decision of the Hon'ble Supreme Court reported in A.I.R 2006 SC 3366 in this regard.

3.This Court is of the view that this defence will have to be established before the trial and it is not a ground for quashing. It is open to the petitioner to raise all the defences before the Trial Magistrate. However, the personal appearance of the petitioners in the trial is dispensed with. They shall appear before the trial Court as and when required.

4.With the above observations, these Criminal Original Petitions are disposed of. Consequently, the connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (CS-III) /True Copy/ Sub Assistant Registrar To The Judicial Magistrate No.II (Fast Track Court), Madurai.

+ 2 CC TO Mr.C.KISHORE, ADVOCATE IN SR No. 60768 MSA TE/JC/SAR-3 : 02/05/2018 : 2P/4C Crl.O.P.(MD)No.22058 of 2013 and M.P(Md).Nos. 2 & 3 of 2013 and Crl.O.P(MD).No. 22059 of 2013 and M.P(MD).Nos. 2 & 3 of 2013 11.04.2018 https://hcservices.ecourts.gov.in/hcservices/