R.N.Jagadeesan vs M/S.Agarwal Coal Corporation ...
2022 Latest Caselaw 9127 Mad

                                                                   Crl.O.P.(MD)No.3000 of 2020

                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED: 28.04.2022

                                                   CORAM:

                             THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR

                                       CRL.O.P.(MD).No.3000 of 2020
                                                  and
                                    CRL.M.P.(MD)Nos.1582 & 1583 of 2020


                     R.N.Jagadeesan                             ... Petitioner / Accused

                                                       Vs.


                     M/s.Agarwal Coal Corporation Pvt. Ltd.,
                     Thorough its Power Agent,
                     Amresh Choudhary,
                     Branch Office At
                     No.5, 158, Aruna Nagar,
                     Caldwell Colony,
                     Tuticorin – 8.                          ... Respondent / Complainant


                     PRAYER : Criminal Original Petition filed under Section 482 of Cr.P.C.
                     to call for the records in C.C.No.178 of 2019 on the file of the learned
                     Judicial Magistrate, Fast Track Court (Magisterial Level), Thoothukudi
                     and quash the same.


                                  For Petitioner    : Mr.C.Muthusaravanan

                     1/6

https://www.mhc.tn.gov.in/judis
                                                                         Crl.O.P.(MD)No.3000 of 2020



                                                          ORDER

This Criminal Original Petition is filed to quash the final report

filed in C.C.No.178 of 2019 on the file of the learned Judicial

Magistrate, Fast Track Court (Magisterial Level), Thoothukudi.

2. It is the case of the respondent before the trial Court that the

petitioner issued a cheque dated 24.03.2014 for a sum of Rs.

1,00,00,000/- (Rupees One Crore only) towards the supply of non-

cooking coal. When the above cheque was presented for encashment,

through his banker, the same was dishonored for the reason “fund

insufficient”. After issuing statutory notice, the proceedings has been

initiated which was taken cognizance by the trial Court. As against the

same, the present petition has been filed.

3. Heard the submissions of the learned counsel appearing for

the petitioner and perused the materials available on record.

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.3000 of 2020

4. On a perusal of the records it is seen that all the allegations

made in the complaint have to be tested before the trail and though there

are several grounds have been raised in this petition, there is no legal

ground has been made. Therefore, merely on the basis of the

submissions and the grounds raised in the petition, this Court cannot

assume the role of trial Court to decide the factual aspect. Further, as the

cheque in question was issued by the petitioner, it is for him, to bring the

probabilities to dislodge the legal presumption attached under the

Negotiable Instruments Act under Sections 118 and 139 of Negotiable

Instruments Act, 1881. Hence, this Court is not inclined to quash the

proceedings as against the petitioner.

5. Accordingly, this Criminal Original Petition is dismissed. At

this stage, the learned counsel appearing for the petitioner seeks

indulgence of this Court to dispense with the personal appearance of the

petitioner before the trial Court. Accordingly, the personal appearance of

the petitioner is dispensed with before the trial Court except for the

hearing dates, receiving the copies, framing the charges, questioning

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.3000 of 2020

under Section 313 Cr.P.C., and at the time of passing judgment or any

other dates that may be fixed by the Trial Court. The trial Court shall

expedite the trial and dispose of the case in C.C.No.178 of 2019 within a

period of six months from the date of receipt of a copy of this order.

Consequently, connected miscellaneous petitions are closed.

28.04.2022 Index: Yes/No Internet: Yes/No VSM

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.3000 of 2020

To The Judicial Magistrate, Fast Track Court (Magisterial Level), Thoothukudi.

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.3000 of 2020

N.SATHISH KUMAR, J.

VSM

CRL.O.P.(MD).No.3000 of 2020

28.04.2022

https://www.mhc.tn.gov.in/judis