Madras High Court
J.Satish Kumar vs M.Gagan Bothra on 27 April, 2023
Author: G.Chandrasekharan
Bench: G.Chandrasekharan
Crl.O.P.No.9316 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.04.2023
CORAM:
THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN
Crl.O.P.No.9316 of 2023
and
Crl.M.P.Nos.6053 and 6055 of 2023
J.Satish Kumar ...Petitioner
Vs.
M.Gagan Bothra ...Respondent
PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying
to call for the records in C.C.No.1033 of 2017 pending before Fast Track
Court-IV, VIIth Metropolitan Magistrate, George Town, Chennai and quash
the same.
For Petitioner : Mr.L.Infant Dinesh
ORDER
This Criminal Original Petition is filed to call for the records in C.C.No.1033 of 2017 pending before Fast Track Court-IV, VIIth Metropolitan Magistrate, George Town, Chennai and quash the same.
2. Learned counsel for the petitioner submitted that, respondent filed a 1/4 https://www.mhc.tn.gov.in/judis Crl.O.P.No.9316 of 2023 case under Section 138 of Negotiable Instruments Act, on the basis of the cheque No.823622 dated 22.03.2017 drawn on ICICI Bank, T.Nagar Branch, Chennai for a sum of Rs.35,00,000/-. It is his further submission that, there was a compromise between the petitioner and respondent and out of the compromise, petitioner repaid the entire loan amount and the cheque was destroyed by the respondent. Thereafter, a case was filed stating that, cheque was taken by the police in connection with a criminal case. In such circumstances, this petition is filed for quashment of C.C.No.1033 of 2017 pending before Fast Track Court-IV, VIIth Metropolitan Magistrate, George Town, Chennai.
3. Considered the submissions and perused the records.
4. It is seen from the complaint allegations that, there is a business deal between the petitioner and respondent and in that regard, petitioner issued a cheque for Rs.35,00,000/- for discharging the liability. When the cheque was presented for collection on 23.03.2017, it was returned for a reason that “Funds Insufficient”. The Statutory Notice was given to the petitioner on 27.03.2017 and thereafter, a complaint was filed.
5. It is seen from the Order passed in Crl.R.C.No.1167 of 2022 filed 2/4 https://www.mhc.tn.gov.in/judis Crl.O.P.No.9316 of 2023 against the dismissal Order passed in Crl.M.P.No.10603 of 2019 in C.C.No.1105 of 2017, which was filed seeking permission to file the xerox copy of the cheque, this Court permitted the receiving of xerox copy of the cheque. When this being the case, this Court is of the view that, the claim of the petitioner that, petitioner repaid the amount and that impugned cheque was destroyed by the respondent is a disputed fact and it is required to be tried only in the course of trial. The complaint allegations makes out a case for prosecuting the petitioner for the offence under Section 138 of Negotiable Instruments Act.
6. Under such circumstances, this Court is of the view that, there is no merits in the petition seeking quashment of C.C.No.1033 of 2017 pending before Fast Track Court-IV, VIIth Metropolitan Magistrate, George Town, Chennai. Accordingly, this Criminal Original Petition is dismissed. Consequently, the connected Miscellaneous Petitions are closed.
27.04.2023
Internet :Yes
Index :Yes/No
gd
3/4
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.9316 of 2023
G.CHANDRASEKHARAN, J.
gd
To:
Fast Track Court-IV,
VIIth Metropolitan Magistrate,
George Town, Chennai.
Crl.O.P.No.9316 of 2023
27.04.2023
4/4
https://www.mhc.tn.gov.in/judis