Madras High Court
T.Thanukkodi vs Axis Bank Limited on 16 November, 2021
Crl.O.P. No.7132 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.11.2021
CORAM
THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR
Crl. O.P. Nos.7132 of 2017
and Crl.M.P.Nos.5176 and 5177 of 2017
T.Thanukkodi ...Petitioner
Vs.
Axis Bank Limited
Rep.by its Executive
Mr.Thiayagarajan,
Having its office at 2nd floor,
Centennial Square, No.6A,
Dr.Ambedkar Road,
Kodambakkam,
Chennai-600 024. ....Respondent
PRAYER :Criminal Original Petition filed under Section 482 of Criminal
Procedure Code, to call for the records in C.C.No.3537 of 2015 before the
learned III Fast Track Metropolitan Magistrate at Saidapet, Chennai and quash
the same.
For Petitioner : Mr.K.Kathiresan
For Respondent : Mr.M.R.Umavijayan
https://www.mhc.tn.gov.in/judis
Page 1 of 5
Crl.O.P. No.7132 of 2017
ORDER
This Criminal Original Petition has been filed to call for the records in
C.C.No.3537 of 2015 before the learned III Fast Track Metropolitan Magistrate
at Saidapet, Chennai and quash the same.
2. Heard the learned counsel for the petitioner and the learned counsel for
the respondent.
3. The main ground on which this quash petition is filed that despite the
fact that the cheque was issued at Pudukottai, the prosecution has been lodged
by the respondent bank at Chennai. It is to be noted that under Section
142(2)(a) of the Negotiable Instruments Act,1881, no Court shall take
cognizance of any offence punishable under Section 138 except upon a
complaint, in writing, made by the payee or, as the case may be, the holder in
due course of the cheque.
4. From the above, it is made clear that the Court within whose
jurisdiction, the branch of the bank where the payee maintains the account is
situated, will have the jurisdiction to try the offence, if the cheque is delivered
https://www.mhc.tn.gov.in/judis
Crl.O.P. No.7132 of 2017
for collection through an account. The same has also been approved by the
Hon'ble Apex Court in a judgment in Transfer Petition(Criminal) No.273 of
2020 in the case of M/s.Himalaya Self Farming Group and Anr. vs.
M/s.Goyal Feed Suppliers.
5. From the above judgment, this Court is not inclined to interfere with
the proceedings and cannot quash the same.
6. Accordingly, this Criminal Original Petition is dismissed with a
direction to the Court below to complete the proceedings in C.C.No.3537 of
2015 before the learned III Fast Track Metropolitan Magistrate at Saidapet,
Chennai as expeditiously as possible. It is for the petitioner to take all his
defence before the trial Court. 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 petitioner 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. Consequently,
https://www.mhc.tn.gov.in/judis
Crl.O.P. No.7132 of 2017
connected Criminal Miscellaneous Petitions are closed.
16.11.2021
Index: Yes/No
Internet: Yes/No
msv
N. SATHISH KUMAR, J.
msv
https://www.mhc.tn.gov.in/judis
Crl.O.P. No.7132 of 2017
Crl. O.P. Nos.7132 of 2017
and Crl.M.P.Nos.5176 and 5177 of 2017
16.11.2021
https://www.mhc.tn.gov.in/judis
