B.Charles vs M/S. Aptus Value Housing Finance ...
2022 Latest Caselaw 9641 Mad

                                                                              Crl.O.P.No.10440 of 2022

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED : 08.06.2022

                                                       CORAM

                            THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR

                                             Crl.O.P.No.10440 of 2022
                                                       and
                                         Crl.M.P.Nos.6264 & 6267 of 2022

                B.Charles                                                     ... Petitioner
                                                        Vs.

                M/s. Aptus Value Housing Finance India Ltd.,
                Represented by its Senior Legal Exevutive,
                Mr.S.Balaji, S/o. R.Saravanan,
                Having office at 8B, Doshi Towers,
                No.205, Poonamallee High Road,
                Kilpauk, Chennai – 600 010.                                    ... Respondent

                Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C., pleased
                to call for the records pertaining to the Impugned Proceedings in S.T.C.No.685
                of 2021 on the file of the Fast Track Court Magistrate Level at Poonamalee and
                to quash the complainant.

                                      For Petitioner          : Mr.P.Chandrasekaran
                                                       ORDER

This Criminal Original Petition has been filed to quash the Impugned

Proceedings initiated in S.T.C.No.685 of 2021 on the file of the Fast Track Court

Magistrate Level at Poonamalee.

https://www.mhc.tn.gov.in/judis Crl.O.P.No.10440 of 2022

2. The main ground alleged by the learned counsel for the petitioner is

that the cheque in question was not issued to discharge any debt, but issued as

security and further, the signature was also denied by the petitioner and

therefore, the prosecution is not maintainable. Once the cheque is issued by a

person and on presentation, if it is dishonoured and statutory notice is also

issued to him, it give rise to cause of action as per Section 138 of Negotiable

Instruments Act. The other submission is that the cheque was given by the

petitioner's deceased wife and she has not signed the cheque.

3. This Court is of the view that it is for the petitioner to establish before

the Court that the cheque in question was 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.

4. 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.

https://www.mhc.tn.gov.in/judis Crl.O.P.No.10440 of 2022

5. 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.

6. 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.6264 of 2022 is

closed and Crl.M.P.No.6267 of 2022 is ordered.

08.06.2022

ham/shk Speaking Order/Non-speaking Order Index :Yes/No Internet:Yes/No

https://www.mhc.tn.gov.in/judis Crl.O.P.No.10440 of 2022

N. SATHISH KUMAR, J.

ham/shk

Crl.O.P.No.10440 of 2022 and Crl.M.P.Nos.6264 & 6267 of 2022

08.06.2022

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