Madras High Court
S.Sangari vs Premalatha on 1 December, 2021
Crl.O.P.No.22686 of 2017 &
Crl.M.P.Nos.13226 & 13227 of 2017 & 11219 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 01.12.2021
Coram:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
Crl.O.P.No.22686 of 2017 &
Crl.M.P.Noss.13226 & 13227 of 2017 & 11219 of 2018
S.Sangari ...Petitioner
Vs
Premalatha ...Respondent
PRAYER: Criminal Original Petition filed under Section 482 of Criminal
Procedure Code, to call for the records of the complaint filed under section 138 of
Negotiable Instruments Act by the respondent inC.C.No.567 of 2017 on the file of
the learned IV Fast Track Court, George Town, Chennai and quash the same.
For Petitioner : Mr.Dr.G.Krishnamurthy
For Respondent : No appearance
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Crl.O.P.No.22686 of 2017 &
Crl.M.P.Nos.13226 & 13227 of 2017 & 11219 of 2018
ORDER
This petition has been filed to quash the complaint filed in C.C.No.567 of
2017 on the file of the Fast Track Court No.IV, George Town, Chennai for the
offence under section 138 of Negotiable Instruments Act.
2. It is the case of the complainant that the accused has induced the
complainant to join in a saving scheme and collected huge amount and as against
the same, the cheque has been issued. When the same was presented for
encashment, the cheque was dishonoured for the reason 'payment stopped by
drawer'. After issuing statutory notice, the present complaint has been filed. The
same has been sought to be quashed mainly on the ground that since the cheque
was not dishonoured, offence under section 138 of the Negotiable Instruments Act
will not be attracted. It is his further contention that the cheque was issued under
coercion in the police station. Therefore, the cheque cannot be enforced for
legally enforceable debt. Though he has relied on the judgments in
1. Rajendran Vs. N.Radhakrishnan in Criminal Appeal
No.235 of 2005 dated 17.07.2012 [Madras High Court]
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Crl.O.P.No.22686 of 2017 &
Crl.M.P.Nos.13226 & 13227 of 2017 & 11219 of 2018
2. Subburam Vs. Rajaguru in Crl.O.P.[MD] No.14830 of
2004, dated 06.07.2007 [Madurai Bench of Madras High
Court]
3. Chellammal Vs. S.Krishnamoorthy in
Crl.O.P.No.7989 of 2009, dated 05.08.2009 [Madras High
Court]
a perusal of above judgments, it is seen that the same have been passed in an
appeal taking into consideration of proved facts. The other judgments relied on by
the petitioner are where there is no legally enforceable debts. Hence, the above
judgments cannot be mechanically applied to the present case. Whether or not the
cheques were issued as a result of coercion is a matter of evidence. In such view
of the matter, this Court cannot assume the role of the trial Court while exercising
its jurisdiction under section 482 of Cr.P.C. and come to the conclusion that the
facts have been proved. Therefore, the contention of the learned counsel for the
petitioner that the cheque was returned on the ground of stop payment has no legs
to stand. Hence, I do not find any grounds to quash the proceedings.
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Crl.O.P.No.22686 of 2017 &
Crl.M.P.Nos.13226 & 13227 of 2017 & 11219 of 2018
3. Accordingly, this Criminal Original Petition is dismissed. Consequently,
connected miscellaneous petitions are closed. The accused is directed to appear
before the trial Court within two weeks from the date of receipt of a copy of this
order and file an application under Section 436 of Code of Criminal Procedure. On
such filing of the application, trial Court is directed to release the accused on bail
on the same day on executing a bond for a sum of Rs.10,000/- (Rupees Ten
thousand only) each with two sureties. If thereafter, he absconds, a fresh FIR can
be registered under Section 229 A of the Indian Penal Code. The trial Court is
directed to dispose of the case in C.C.No.567 of 2017 expeditiously within a
period of three months from the date of receipt of a copy of this Order. the
personal appearance of the petitioners is dispensed with except for receiving
copies, for answering the charges, for questioning under section 313 of Cr.P.C.
and any other dates fixed by the Trial Court.
01.12.2021
vrc/kbs
Index : Yes
Internet : Yes
Speaking Order
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Crl.O.P.No.22686 of 2017 &
Crl.M.P.Nos.13226 & 13227 of 2017 & 11219 of 2018
To
Fast Track Court No.IV,
George Town, Chennai.
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Crl.O.P.No.22686 of 2017 &
Crl.M.P.Nos.13226 & 13227 of 2017 & 11219 of 2018
N.SATHISH KUMAR, J.
vrc/kbs
Crl.O.P.No.22686 of 2017 &
Crl.M.P.Nos.13226 & 13227 of 2017 &
11219 of 2018
01.12.2021
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