Madras High Court
T.S.Shanthi vs V.Ramakrishnan on 2 December, 2021
Crl. O.P. No. 29081 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated 02.12.2021
CORAM:
THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR
Crl. O.P. No. 29081 of 2017
and
Crl.M.P.Nos.16421 and 16422 of 2017
T.S.Shanthi . . . Petitioner
Versus
V.Ramakrishnan . . . Respondent
PRAYER : Criminal Original Petition filed under Section 482 Cr.P.C., to call
for the records in C.C.No.110 of 2016, pending on the file of Judicial Magistrate
Fast Track Court, Alandur and quash the same.
For Petitioner : Mr.S.P.Meenakshi Sundaram
For Respondent : Notice sent- Service awaited
Page No:1/5
https://www.mhc.tn.gov.in/judis
Crl. O.P. No. 29081 of 2017
ORDER
This Criminal Original Petition has been filed to quash the criminal
proceedings in C.C.No.110 of 2016, on the file of Judicial Magistrate Fast
Track Court, Alandur.
2.Heard the learned counsel appearing for the petitioner and perused the
entire materials available on record.
3.The petitioner is charged with an offence under Section 138 of the
Negotiable Instruments Act. Having gone through the materials available on
record, this Court is of the considered view that, when a complaint is filed under
Section 138 of the Negotiable Instruments Act, this Court cannot go into the
question of fact as to the validity of the issuance of cheque and whether the
cheque has been issued towards a legally enforceable debt or not. Those issues
are factual and triable issues, which have to be decided only by way of a full
fledged trial and not otherwise under Section 482 of Code of Criminal
Procedure. The above view of this Court is fortified by the decision of the
Hon'ble Supreme Court in STATE OF HARYANA AND OTHERS Vs.
BHAJANLAL AND OTHERS 1992 Supp (1) Supreme Court Cases 335,
Page No:2/5
https://www.mhc.tn.gov.in/judis
Crl. O.P. No. 29081 of 2017
wherein, the Hon'ble Supreme Court has held that the power of quashing a
criminal proceeding should be exercised very sparingly and with
circumspection.
4.In such view of the matter, this Court is of the view that, quashing of
the case cannot be considered at this point of time. Accordingly, this Criminal
Original Petition is dismissed. Consequently, connected Criminal
Miscellaneous Petitions are closed.
5.It is for the petitioner to take all her defence before the trial Court. The
petitioner/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,
the trial Court is directed to release the petitioner on bail on the same day on she
executing a bond for a sum of Rs.10,000/- (Rupees Ten thousand only) each
with two sureties. If thereafter, she absconds, a fresh FIR can be registered
under Section 229-A of the Indian Penal Code.
Page No:3/5
https://www.mhc.tn.gov.in/judis
Crl. O.P. No. 29081 of 2017
6.At this juncture, the learned counsel appearing for the petitioner seeks
indulgence of this Court to grant an order dispensing with the personal
appearance of the petitioner. Accordingly, the personal appearance of the
petitioner before the trial Court is dispensed with, except for receipt of copies,
answering the charges, questioning under Section 313 Cr.P.C., passing of
judgment, or on any other date as may be required by the trial Court.
02.12.2021
Index : Yes / No
Internet: Yes
Speaking/non speaking order
psa/mkn
To
The Judicial Magistrate, Fast Track Court,
Alandur.
Page No:4/5
https://www.mhc.tn.gov.in/judis
Crl. O.P. No. 29081 of 2017
N. SATHISH KUMAR, J.
psa/mkn
Crl. O.P. No. 29081 of 2017
02.12.2021
Page No:5/5
https://www.mhc.tn.gov.in/judis
