Madras High Court
K. Ashokan vs J. Krishnamoorthi on 28 July, 2022
Crl.OP.No.17400 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.07.2022
CORAM
THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR
Crl.O.P.No.17400 of 2022
and Crl.MP.Nos.10638 & 10639 of 2022
K. Ashokan ... Petitioner
-Vs-
J. Krishnamoorthi ... Respondent
Prayer: Criminal Original petition filed under Section 482 of the Code
of Criminal Procedure to call for the records in C.C.No.86 of 2022 on the
file of the learned Fast Track Court, Magisterial level, Kallakurichi and
quash the proceedings.
For Petitioner : Mr.S. Ashok Kumar
ORDER
This Criminal Original Petition has been filed to call for the
records in C.C.No.86 of 2022 for the offence under Section 138 and 142
of N.I.Act, 2003 r/w 357 (3) Cr.P.C on the file of the Fast Track Court,
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Crl.OP.No.17400 of 2022
Magisterial level, Kallakurichi and quash the proceedings.
2. The case of the petitioner is that he had approached the
respondent for financial assistance and the respondent had given hand
loan for a sum of Rs.2,00,000/- and for the same, the petitioner is alleged
to have issued postdated signed cheque to the respondent as security. The
cheque bearing No.183716 dated 28.03.2022 drawn on Indian Bank,
Pattabiram Branch while presented in the Indian Bank, Soolankurichi on
08.04.2022 the same returned due to “Insufficient funds” and “Signature
differs”. Hence the complaint.
3. The learned counsel appearing for the petitioner submitted that
the petitioner is a painter and that the complainant has misused the
unsigned cheques handed over to him under the guise of securing bank
loan to the petitioner and obtain job for the petitioner in a bank. Hence he
prays to quash the proceedings.
4. At the outset, this Court is unable to accept the submissions of
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Crl.OP.No.17400 of 2022
the learned counsel for the petitioner. Once the cheque is issued by a
person and on presentation, if it is dishonoured and statutory notice is
issued to him, it give rise to cause of action as per Section 138 of
Negotiable Instruments Act. It is for the petitioner to establish before the
Court that the cheque in question was not supported for the valid
consideration by dislodging statutory presumption available under
Sections 118 and 139 of N.I.Act. Accordingly, this Court does not find
any merits in this petition.
5. At this stage, the learned counsel for the petitioner seeks
indulgence of this Court to dispense with the personal appearance of the
petitioner before the trial Court.
6. Accordingly, the presence of the petitioner shall be dispensed
with before the trial Court except for receiving the copies, initial
questioning, questioning under Section 313 of Cr.P.C and any other date
fixed by the trial Court and at the time of passing judgment. The
petitioner shall be represented by a counsel, who shall cross examine the
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Crl.OP.No.17400 of 2022
witnesses on the same day, when they are examined in Chief.
7. In view of the above, this Criminal Original Petition stands
dismissed. Further, the Trial Court shall expeditiously dispose the matter
on merits without any further delay. Consequently, the connected
Crl.M.P.No.10638 of 2022 is closed and Crl.M.P.No.10639 of 2022 is
ordered.
28.07.2022
Index : Yes/No
Internet : Yes/No
Speaking/Non speaking order
dpq
https://www.mhc.tn.gov.in/judis
Crl.OP.No.17400 of 2022
To
1. The Fast Track Court,
Magisterial level,
Kallakurichi.
2. The Public Prosecutor
High Court of Madras.
https://www.mhc.tn.gov.in/judis
Crl.OP.No.17400 of 2022
N. SATHISH KUMAR,J.
dpq
Crl.O.P.No.17400 of 2022
28.07.2022
https://www.mhc.tn.gov.in/judis
