R.Poornachandran vs M.Viswanathan
2022 Latest Caselaw 13850 Mad

                                                                             Crl.OP.No.17899 of 2022

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED: 03.08.2022

                                                         CORAM:

                         THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR

                                              Crl.O.P. No.17899 of 2022
                                       and Crl.M.P.Nos.11538 & 11543 of 2022

                R.Poornachandran                                                    .. Petitioner

                                                         Versus

                M.Viswanathan                                                     .. Respondent

                PRAYER: Criminal Original Petition filed under Section 482 of Criminal
                Procedure Code, to call for the records and quash all further proceedings in
                S.T.C.No.134 of 2022 pending on the file of the District Munsif cum
                Juidicial Magistrate, Portonovo.

                                        For Petitioner       : Mr.V.Rajesh Babu

                                                   ORDER

This Criminal Original Petition has been filed challenging the records

and quash all further proceedings in S.T.C.No.134 of 2022 registered for the

offence under Section 138 of the Negotiable Instruments Act, 1881 pending

on the file of the District Munsif cum Juidicial Magistrate, Portonovo.

2. The ground on which the quashment is sought for is that there is no

legal enforceable debt to the complainant as the blank cheques have been

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

Crl.OP.No.17899 of 2022

obtained due to coercion and the financial capacity of the respondent to

advance such huge amount is also doubtful.

3. Heard the learned counsel for the petitioner and perused the

materials placed on record.

4. At this outset, this Court is unable to countenance to the

submissions of the learned counsel. This Court is of the view that this is all

the matters that are to be looked into by the Trial Court after appreciation of

the evidence. Once a cheque has been issued and dishonoured for reasons

stated as under Section 138 of the Negotiable Instruments Act and the

further, a complaint has been initiated after following statutory procedure,

the legal presumption gets attracted towards the cheque. It is for the accused

to dislodge the legal presumption by bringing all the probabilities in the

evidences. Hence, it is for the accused to dislodge the legal presumption.

Hence, at this stage, the question of quashment of the complaint does not

arise.

5. However, at this stage, the learned counsel for the petitioner sought

indulgence of the Court, to dispense with the personal appearance of the https://www.mhc.tn.gov.in/judis

Crl.OP.No.17899 of 2022

petitioner before the Trial Court in STC.No.134 of 2022, on the fiole of the

District cum Judicial Magistrate, Portnovo.

6. Accordingly, this Criminal Original Petition is dismissed with a

direction to the Court below to complete the proceedings, within a period of

six months from the date of receipt of a copy of this order. The trial shall be

conducted on a day to day basis in accordance with the guidelines given by

Hon'ble Supreme Court reported in Vinod Kumar Vs State of Punjab [2015

(1) MLJ (Crl) 288 SC]. If the petitioner adopts any dilatory tactics, it is

open to the trial Court to insist upon the presence of the petitioner and

remand him to custody as per the judgment of the Hon'ble Supreme Court

in STATE OF UTTAR PRADESH VS. SHAMBHU NATH SINGH (JT

2001 (4) SC 3191). In view of the submissions of the learned counsel for

the petitioner, the personal appearance of the petitioner is dispensed with

except for receiving copies, for answering the charges, for questioning under

section 313 Cr.P.C. and any other dates fixed by the trial Court.

Consequently, connected miscellaneous petitions are also closed.

03.08.2022 dhk

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

Crl.OP.No.17899 of 2022

N. SATHISH KUMAR, J.

dhk

To

1.The District Munsif cum Juidicial Magistrate Portonovo.

2.The Public Prosecutor, Pondicherry.

Crl.O.P. No.17899 of 2022

03.08.2022

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