Madras High Court
Rajarathinam vs Thangavel on 13 November, 2024
Author: M.Nirmal Kumar
Bench: M.Nirmal Kumar
Crl.O.P.(MD)No.19444 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 13.11.2024
CORAM
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
Crl.O.P.(MD)No.19444 of 2024
and
Crl.M.P(MD) No.11992 of 2024
Rajarathinam .. Petitioner
Vs.
Thangavel .. Respondent
PRAYER : Criminal Original Petition filed under Section 528 of BNSS
to call for the records pertaining in Crl.MP No.315 of 2024 in STC No.593
of 2020 dt.23.08.2024 on the file of the Fast Track Court (Magisterial
Level),Karur District and set aside the same.
For Petitioner : Mr.C.Muthusaravanan
ORDER
This Criminal Original Petition has been filed to set aside the order
passed by the learned Judicial Magistrate, Fast Track Court (Magisterial
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Crl.O.P.(MD)No.19444 of 2024
Level),Karur District in Crl.MP No.315 of 2024 in STC No.593 of 2020
dt.23.08.2024.
2. The petitioner as complainant filed a case against the respondent/
accused in STC No.593 of 2020 under 138 of Negotiable Instrument Act.
3. The learned counsel appearing for the petitioner submitted that
cheque amount is Rs.5.,50,000/- and the transaction was during October
2020. The respondent/accused failed to honour the cheque and thereafter
following statutory provision complaint has been lodged The defence
taken by the respondent is that during corona period the amount of
Rs.5.,50,000/- and that he is unable to produce any document or material
in support of his contenction . The petitioner and the respondent have one
common friend name Sathyamani The respondent had conversation with
the said Sathyamani admitting that he has to pay the petitioner Rs.
4,50,000/- and he is ready to pay Rs.4,00,000/- This conversation has
been recorded on 19.01.2023 and the petitioner has filed a petition in
Cr.M.P.No. 1 of 2024 earlier to recall himself and mark the conversation
recording. The trial Court dismissed the same on 11.06.2024 finding that
it is through Sathyamani. Therefter the petitioner had filed Cr.M.P.NO.
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Crl.O.P.(MD)No.19444 of 2024
315 of 2024 to recall Sathyamani and the same was dismissed for the
reason that the recording was taken place much subsequent to the filing
of the complaint and the case was adjourned for reporting settlement and
that cannot be considered during the relevant point of time Hence
dismissed the petition.
4. It is seen that the evidence to the produced is conversation
between Sathyamani and the respondent on 19.01.2023 admitting the
respondent liability to pay the petitioner/complainant but admitting such
converstation would again protract the trial proceedings further. The
respondent is facing a case wherein statutory presumption is against him.
It is seen that as on date the respondent has not denied the issuance of
cheques but only takes a defence that the amount has been repaid but again
it is not supported with any materials. Making such bald allegations may
not be sufficient but this is a fact which has to be considered by the trial
court. Now the case stands posted to 15.12.2024 for pronouncing
judgment.
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Crl.O.P.(MD)No.19444 of 2024
5. In view of the same, this Court finds that the trial Court has given a well
reasoned order and no interference is required and hence the Criminal Original Petition
stands dismissed. Consequently connected miscellaneous petition stands
closed.
13.11.2024
NCC : Yes/No
Index : Yes / No
Internet : Yes / No
aav
To
The Judicial Magistrate,
Fast Track Court (Magisterial Level),Karur District
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.19444 of 2024
M.NIRMAL KUMAR,J.
aav
Crl.O.P.(MD)No.19444 of 2024
13.11.2024
https://www.mhc.tn.gov.in/judis
