G.Baghiyalakshmi vs Selvamani
2022 Latest Caselaw 10722 Mad

                                                                                 Crl.O.P.No.14108 of 2022

                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                         DATED: 21.06.2022

                                                             CORAM:

                                  THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR

                                                   Crl.O.P.No.14108 of 2022
                                              and Crl.M.P.Nos.7699 and 7701 2022

                     G.Baghiyalakshmi                                               ... Petitioner

                                                                Vs

                     Selvamani                                                      ... Respondent


                     Prayer:Criminal Original Petition filed under Section 482 Cr.P.C. to call
                     for the records of the learned Judicial Magistrate-1, Jayamkondam, Ariyalur
                     District in S.T.C.No.47 of 2022 on his file and quash the proceedings
                     therein as against the petitioner herein.


                                        For Petitioner      : Mr.K.Balu


                                                             ORDER

This Criminal Original Petition has been filed to call for the records

of the learned Judicial Magistrate-1, Jayamkondam, Ariyalur District in

S.T.C.No.47 of 2022 on his file and quash the proceedings initiated u/s.138,

https://www.mhc.tn.gov.in/judis Crl.O.P.No.14108 of 2022

142 of the Negotiable Instruments Act as against the petitioner herein.

2.It is the main contention of the learned counsel for the petitioner

that there is no legally enforceable debt and in fact there was an agreement

between the husband of the accused and the complainant for the purchase of

land. Whereas, the complaint itself is lodged as if there is a loan

transaction, but there is no legally enforceable debt. Hence preferred a

petition u/s.482 Cr.P.C. to quash the proceedings.

3. The contention of the learned counsel for the petitioner has no

force in the eye of law. It is for the accused to dislodge the legal

presumption bringing the probability by letting in evidence.

4.Accordingly, I find no merits in the submission of the learned

counsel. This Criminal Original Petition stands dismissed. As sought by the

learned counsel, the presence of the petitioner before the Trial Court shall

be dispensed with provided that she shall present for receiving the charge

sheet, for answering the charge, at the time of questioning under Section

https://www.mhc.tn.gov.in/judis Crl.O.P.No.14108 of 2022

313, Cr.P.C and at the time of passing judgment. Consequently, the

connected Crl.M.P.No.7701 of 2022 is ordered and Crl.M.P.No.7699 of

2022 is closed.

21.06.2021

Internet:Yes Index:Yes/No Speaking/Non speaking order

kas

https://www.mhc.tn.gov.in/judis Crl.O.P.No.14108 of 2022

N.SATHISH KUMAR, J.

kas

Crl.O.P.No.14108 of 2022 &Crl.M.P.No.7699&7701/2022

21.06.2022

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