Madras High Court
Dongari Raju vs L&T Finance Limited on 30 November, 2021
Crl.O.P.No.24362 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.11.2021
CORAM :
THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR
Crl.O.P.No.24362 of 2017
and
Crl.M.P.Nos.14083 & 14084 of 2017
Dongari Raju ... Petitioner
Vs.
L&T Finance Limited,
Having its registered office at
15th Floor, “Rupa Solitaire”,
Millennium Business Part,
Sector I, Building I A,
Mahape Mumbai – 400 710,
and its Branch Office,
KGN Towers, 5th Floor,
No.62, Ethiraj Salai,
Egmore, Chennai – 600 105,
Represented by its Assistant Manager – Litigators Cum
Power of Attorney Holder,
K.N.Trivikram ... Respondent
Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., to call
for the records in C.C.No.3662 of 2017 dated 10.04.2017 on the file of the
XIV Metropolitan Magistrate, Fast Track Court No.II, Egmore, Allikulam,
Chennai, and quash the same.
Page 1 of 6
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.24362 of 2017
For Petitioner : Mr.V.Illanchezian
For Respondent : Mr.D.Pradeep Kumar
ORDER
This Criminal Original Petition has been filed to quash the complaint
in C.C.No.3662 of 2017 dated 10.04.2017 on the file of the XIV
Metropolitan Magistrate, Fast Track Court No.II, Egmore, Allikulam,
Chennai, for the offence under Section 138 of the Negotiable Instruments
Act.
2.The main grounds urged by the learned counsel for the petitioner
before this Court are that, the cheque was not issued within the jurisdiction
of this Court and there is no legally enforceable debt and the respondent has
also initiated arbitration proceedings for the entire amount.
3.Heard the learned counsel on either side and perused the materials
available on record.
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.24362 of 2017
4.This Court is of the view that, mere initiation of arbitration
proceedings by the complainant cannot be a ground for quashment of the
criminal proceedings against the accused, at the pre-trial stage. With regard
to the other contentions of the learned counsel that the cheque was not
issued within the jurisdiction of this Court and there is no legally
enforceable debt, 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 that the power of quashing a criminal proceeding should be exercised
very sparingly and with circumspection.
5.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
miscellaneous petitions are closed.
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.24362 of 2017
6.It is for the petitioner to take all his 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 he 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.
7.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.
mkn 30.11.2021
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.24362 of 2017
Internet : Yes
Index : Yes / No
Speaking order / Nonspeaking order
To
The XIV Metropolitan Magistrate,
Fast Track Court No.II,
Egmore, Allikulam,
Chennai.
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.24362 of 2017
N. SATHISH KUMAR, J.
mkn
Crl.O.P.No.24362 of 2017
30.11.2021
https://www.mhc.tn.gov.in/judis
