Madras High Court
M/S.Maran Textiles vs M/S.Swathi Textiles Printers on 19 November, 2021
Crl.O.P. No.19927 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.11.2021
CORAM
THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR
Crl. O.P. No.19927 of 2017
and Crl.M.P.Nos.12010 & 12011 of 2017
1. M/S.Maran Textiles
Rep.by its Proprietor R.Thirumaran
No.62B, 1st Floor, Godown Street,
Chennai-600 001.
2. R.Thirumaran
Proprietor, Maran Textiles,
No.62B, 1st Floor, Godown Street,
Chennai-600 001. ..Petitioners
Vs.
M/S.Swathi Textiles Printers,
Rep.by its Partner, N.Ashok Kumar,
No.282, Easwaran Koil Street,
Erode-638 001. ..Respondent
PRAYER: Criminal Original Petition filed under Section 482 of Criminal
Procedure Code, praying to call for the records in respect of STC.No.139 of
2016, pending on the file of the Judicial Magistrate Court-II Erode and quash
the same as contrary to law and illegal and discharge the petitioner.
For Petitioners : Mr.R.Munuswamy
For Respondent : Mr.M.Guruprasad
https://www.mhc.tn.gov.in/judis
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Crl.O.P. No.19927 of 2017
ORDER
This Criminal Original Petition has been filed to call for the records in
respect of STC.No.139 of 2016, pending on the file of the Judicial Magistrate
Court-II Erode and quash the same.
2. Heard the learned counsel for the petitioners and learned counsel for
the respondent.
3. 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, wherein the Hon'ble Supreme Court has held
https://www.mhc.tn.gov.in/judis
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Crl.O.P. No.19927 of 2017
that the power of quashing a criminal proceeding should be exercised very
sparingly and with circumspection.
4. The learned counsel for the petitioners requested this Court to
dispense with the presence of the petitioner. Taking into consideration, the facts
and circumstances of the case, the presence of the petitioner is dispensed with
and he shall be represented by a counsel, who shall cross examine the witnesses
on the same day, they were examined in Chief. The petitioner shall be present
before the Court below at the time of questioning under Section 313 Cr.P.C and
at the time of passing of the final judgment.
5. In such a 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. 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
https://www.mhc.tn.gov.in/judis
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Crl.O.P. No.19927 of 2017
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,
connected Criminal Miscellaneous Petitions are closed.
19.11.2021
Index: Yes/No
Internet: Yes/No
nr/ggs
https://www.mhc.tn.gov.in/judis
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Crl.O.P. No.19927 of 2017
N. SATHISH KUMAR, J.
nr/ggs
Crl. O.P. No.19927 of 2017
and Crl.M.P.Nos.12010 &12011 of 2017
19.11.2021
https://www.mhc.tn.gov.in/judis
Page No.5/5
