Pathima @ Fathima vs Victor Mosass
2025 Latest Caselaw 8397 Mad

Madras High Court

Pathima @ Fathima vs Victor Mosass on 5 November, 2025

Author: A.D.Jagadish Chandira

Bench: A.D.Jagadish Chandira

                                                                                                Crl.O.P.No.28909 of 2025

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED : 05.11.2025

                                                               CORAM:

                    THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA

                                               Crl.O.P.No.28909 of 2025
                                                         and
                                          Crl.MP.Nos.20543 and 20544 of 2025


                 Pathima @ Fathima                                                        ... Petitioner

                                                                    Vs.

                 Victor Mosass
                 S/o.Herbert Edwin Manohar Paul,
                 No.63, 3rd Street, Nalam Nagar,
                 Vayalur Village,
                 Thirukazhukundram Taluk,
                 Chengalpattu.                                                            ... Respondents

                 PRAYER: Criminal Original Petition filed under Section 528 of B.N.S.S. to
                 call for the records relating to the C.C.No.191 of 2023 on the file of the
                 District Munsif cum Judicial Magistrate at Thirukazhukundram and to quash
                 the same.

                                    For Petitioner        : Mr.R. Mukesh Kannah




                 1/4


https://www.mhc.tn.gov.in/judis                      ( Uploaded on: 13/11/2025 01:40:13 pm )
                                                                                        Crl.O.P.No.28909 of 2025


                                                       ORDER

This Criminal Original Petition has been filed to quash the complaint

filed against the petitioner in C.C.No.191 of 2023, on the file of the District

Munsif cum Judicial Magistrate, Thirukazhukundram, for the offence under

Section 138 of the Negotiable Instruments Act, 1881, on the ground that the

cheque of the petitioner, who is a house wife, has been misused and that the

notice has also been served to a false address.

2. This Court is of the opinion that the grounds raised by the learned

counsel for the petitioner are matter for trial, which can be raised before the

trial Court at the appropriate stage. This Court finds no ground to interfere

with the proceedings of the trial Court by invoking Section 482 Cr.P.C./528

of BNSS.

3. Accordingly, this Criminal Original Petition is dismissed.

Consequently, the connected Miscellaneous Petition in Crl.M.P.No.20543 of

2025 is closed.

4. However, considering the submission of the learned counsel for the

petitioner, the personal appearance of the petitioner before the trial Court is

dispensed with except for receipt of copies, answering the charges,

questioning under Section 313 Cr.P.C./Section 351 of BNSS, on the date of

pronouncing judgment and any other dates as may be required by the trial

https://www.mhc.tn.gov.in/judis ( Uploaded on: 13/11/2025 01:40:13 pm )

Court. It is made clear that the petitioner shall be duly represented by her

counsel on all hearing dates. Accordingly, the Criminal Miscellaneous

Petition in Crl.M.P.No.20544 of 2025, is ordered.

05.11.2025 ksa-2 Index:Yes/No Speaking/Non-speaking order Neutral Citation:Yes/No

To

The District Munsif cum Judicial Magistrate Thirukazhukundram

https://www.mhc.tn.gov.in/judis ( Uploaded on: 13/11/2025 01:40:13 pm )

A.D.JAGADISH CHANDIRA J.

ksa-2

05.11.2025

https://www.mhc.tn.gov.in/judis ( Uploaded on: 13/11/2025 01:40:13 pm )