Sankar vs Shiek Ansar
2022 Latest Caselaw 9933 Mad

                                                                               CRL.O.P.No.13259 of 2022

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED : 13.06.2022

                                                           CORAM:

                                    THE HON'BLE MR.JUSTICE N.SATHISH KUMAR

                                                  Crl.O.P.No.13259 of 2022
                                            and Crl.M.P.Nos.7118 and 7116 of 2022


                     Sankar,                                                         ... Petitioner

                                                              Vs.

                     Shiek Ansar                                                     ... Respondent

                     PRAYER: Criminal Original Petition filed under Section 482 of the
                     Code of Criminal Procedure, to call for records and quash the CC No.132
                     of 2019 on the file of the Judicial Magistrate Kallakuruchi.

                                        For Petitioner     : Mr.M.Devaraj

                                        For Respondent     : No appearance

                                                            ORDER

This petition has been filed to call for the records in C.C. No.132

of 2019 on the file of the Judicial Magistrate Kallakuruchi and quash the

proceedings initiated under Section 138 of Negotiable Instruments Act.

https://www.mhc.tn.gov.in/judis CRL.O.P.No.13259 of 2022

2.The only ground raised by the learned counsel for the petitioner

is that the cheque was dated in the year 2018 for the debt issued in the

year 2013. Therefore, it is the contention of the petitioner that the time

barred claim is not a legally enforceable debt. In support of his

contention, the learned counsel relied upon the judgment of this Court in

2019 STPL 9359 Madras in Crl.O.P.No.17803 of 2014 dated

07.03.2019 in Insulation House., Rep. by Meenakshi Davey and others

v. Pramod Kumar Daga.

3. The learned single Judge who has passed the above judgment

relying upon the other judgment of this Court in Sama Dharman and

Another vs. S. Natarajan in Crl.O.P.(MD) No.3824 of 2012 dated

25.07.2012. It is also relevant to note that challenging the above order an

appeal was filed before the Honourable Apex Court. The Honourable

Apex Court in S. Natarajan vs. Sama Dharman and another [(2021) 6

SCC 413] allowed the appeal and set aside the Judgment. Therefore, the

judgment in Crl.O.P.No.17803 of 2014 (supra) is no longer good law.

https://www.mhc.tn.gov.in/judis CRL.O.P.No.13259 of 2022

4. In such view of the matter, I do not find any merit in this

petition. Once the cheque is issued and got dishonoured and statutory

notice is issued, it is for the accused to dislodge the legal presumption

available u/s.118 and 139 of Negotiable Instruments Act. Whether the

cheque in question has issued for the time barred debt or not itself is the

matter for evidence and that cannot be adjudicated before this Court.

5. Subject to the above observation, this Criminal Original Petition

stands dismissed. The learned trial Judge is directed to dispose of the

matter at the earliest. Consequently, the connected miscellaneous

petitions are closed.

                                                                                          13.06.2022
                     Index              : Yes/No
                     Internet           : Yes/No
                     kas/ggs

                     To.
                     The Judicial Magistrate
                     Kallakuruchi


                                                                             N.SATHISH KUMAR,J.




https://www.mhc.tn.gov.in/judis
                                                CRL.O.P.No.13259 of 2022



                                                               Kas/ggs




                                            Crl.O.P.No.13259 of 2022
                                      &Crl.M.P.Nos.7118 &7116/2022




                                                           13.06.2022







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