Madras High Court
Valarmathi vs Senthamil Finance on 5 February, 2021
Crl. OP No.1867 of 2021
and Crl. MP. No.455 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.02.2021
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH
Crl.O.P No.1867 of 2021
and Crl. MP. No.455 of 2021
Valarmathi ... Petitioner
vs.
Senthamil Finance,
rep by its Administrative Partner,
K.Palanisamy,
Namakkal Town & Taluk. ... Respondent
PRAYER: Criminal Original Petition filed under Section 482 of the Code
of Criminal Procedure, to pass an order to directing the Judicial Magistrate
Court No.1, Namakkal, to take application filed U/s.258 of Cr.P.C. on file
and pass orders on merits in the said application in C.C.No.456 of 2018 till
the disposal of the suit in O.S.No.327 of 2018 renumbered as C.O.S.No.10
of 2020 on the file of Principal District Court, Namakkal.
For Petitioner : Mr.T.Dhanya Kumar
1/4
https://www.mhc.tn.gov.in/judis/
Crl. OP No.1867 of 2021
and Crl. MP. No.455 of 2021
ORDER
This petition has been filed for a direction to the Court below to
entertain the application filed by the petitioner under Section 258 of the
Code of Criminal Procedure, wherein the petitioner wants the Court below
to stop the proceedings on the ground that the respondent has already
initiated a Civil Suit on the very same cause of action and parallely he has
also filed a complaint for an offence under Section 138 of the Negotiable
Instruments Act.
2. Heard Mr.T.Dhanyakumar, learned counsel appearing for the
petitioner.
3. In the considered view of this Court, a Civil suit and Criminal
proceedings initiated under Section 138 of the Negotiable Instruments Act,
can go on simultaneously and the law on this issue is well settled. Useful
reference can be made to the judgment of the Hon’ble Supreme Court in
D.Purushotama Reddy and Ors. Vs. K. Sateesh, reported in 2008 (8) SCC
505. In fact, the Hon’ble Supreme Court has gone to the extent of saying
https://www.mhc.tn.gov.in/judis/
Crl. OP No.1867 of 2021
and Crl. MP. No.455 of 2021
that even an acquittal in 138 proceedings will not be a bar to institute Civil
proceedings, since the standard of proof in both the cases are completely
different and the effect of the dishonor of a cheque, results in an offence and
whereas the suit is filed for the recovery of money.
4. In view of the above, this Court is not inclined to issue any
directions to the Court below, since the ground on which the petitioner is
seeking for stopping the proceedings is unsustainable.
5. In the result, the Criminal Original Petition is dismissed.
Consequently, the connected miscellaneous petition is closed.
05.02.2021
Index : Yes/No
Internet : Yes/No
Speaking Order/Non-Speaking Order
jv
To
1. The Public Prosecutor,
High Court of Madras,
Chennai 600 104.
https://www.mhc.tn.gov.in/judis/
Crl. OP No.1867 of 2021
and Crl. MP. No.455 of 2021
N. ANAND VENKATESH, J.
jv
Crl.O.P No.1867 of 2021
and Crl. MP. No.455 of 2021
05.02.2021
https://www.mhc.tn.gov.in/judis/
