Madras High Court
S.Mohan Kumar vs State Rep. By Inspector Of Police on 17 June, 2025
Author: P.Velmurugan
Bench: P.Velmurugan
Crl.O.P.No.13792 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 17.06.2025
Coram:
THE HONOURABLE MR.JUSTICE P.VELMURUGAN
Crl.O.P.No.13792 of 2025 &
Crl.O.P.No.9210 of 2025
--
1.S.Mohan Kumar
2.Bhavikha Jain M. .. Petitioners
Vs.
1.State Rep. by Inspector of Police,
Central Crime Branch,
Vepery, Chennai.
(Crime No.172 of 2023)
2.Ranganathan T. .. Respondents
Criminal Original Petition filed under Section 528 of BNSS, to call for the
records in Crime No.172 of 2023, on the file of the Inspector of Police, Central Crime
Branch, Chennai District and quash the same.
For petitioners : Mr.S.Suresh
For respondents: Dr.C.E.Pratap
Government Advocate (Criminal Side) for R1
Mr.P.V.Balasubramanian, Senior Counsel
For Mr.K.Koushik for R2
Page No.1/6
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Crl.O.P.No.13792 of 2025
ORDER
This Criminal Original Petition has been filed to quash the First Information
Report in Crime No.172 of 2023 on the file of the first respondent police for the
offences under Sections 420, 468, and 120-B IPC.
2. The learned counsel for the petitioners would submit that the dispute
between the parties is purely civil in nature, arising out of a financial transaction. It
is submitted that the first petitioner had earlier initiated proceedings under Section
138 of the Negotiable Instruments Act in C.C.No.3356 of 2020, and after a
full-fledged trial, the accused therein, who is the second respondent in the present
case, was acquitted by the learned XIX Metropolitan Magistrate, Chennai, by
judgment dated 24.02.2025. It is further submitted that during the course of the
said trial, no credible evidence was brought on record to substantiate the allegations
of theft or forgery of the cheque in question. The second respondent has taken
contradictory stands in the earlier proceedings in C.C.No.3356 of 2020 and in the
present complaint, and the registration of the present FIR is alleged to be a
malicious attempt to harass the petitioners and is nothing but an abuse of the
process of law.
3. Per contra, the learned Senior Counsel appearing for the second
respondent would submit that this is the second quash petition filed by the
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petitioners. Earlier, in Crl.O.P.No.18937 of 2024, a petition for quashing the same
FIR was disposed of by this Court. While disposing the same, this Court had clarified
that the respondent was at liberty to file a complaint after the outcome of the trial in
C.C.No.3356 of 2020. Further, it is submitted that the Forensic Report has confirmed
that the signature on the cheque does not match that of the complainant, and
therefore, a prima facie case of forgery and fraud is made out.
4. Heard the learned counsel on either side and perused the materials
available on record.
5. On a perusal of the FIR, the complaint, and other documents placed before
this Court, this Court is of the view that a prima facie case has been made out
against the petitioners with regard to the alleged fraudulent use of the cheque in
question. The contentions raised by the petitioners are in the nature of defence and
involve disputed questions of fact, which cannot be gone into under Section 482
Cr.P.C. at the stage of investigation. Further, as rightly submitted by the learned
Senior Counsel for the second respondent, the present FIR pertains to a separate
cause of action involving alleged forgery and cheating, and the genuineness of the
disputed cheque is now supported by expert opinion. Therefore, this Court is not
inclined to quash the FIR.
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6. Accordingly, this Criminal Original Petition is dismissed. However, it is made
clear that the petitioners are at liberty to work out their remedy in accordance with
law after the filing of the final report. The respondent police is directed to complete
the investigation and file the final report before the jurisdictional Court within a
period of two months from the date of receipt of a copy of this order. Consequently,
connected miscellaneous petition is closed.
17.06.2025
rns
Index : Yes/No
Neutral Citation Case : Yes/No
Speaking Order : Yes/No
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To
1. The Inspector of Police,
Central Crime Branch,
Vepery, Chennai.
2. The Public Prosecutor, Madras High Court, Chennai.
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P.VELMURUGAN, J
rns
Crl.O.P.No.13792 of 2025 &
17.06.2025
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