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2016 Supreme(Mad) 2516

P.KALAIYARASAN
T. M. Sampath – Appellant
Versus
K. K. S. Jeyaraman – Respondent


Advocates Appeared:
For the Appellant : Mr. D. Stephen for M/s. Shalom Associates
For the Respondent: Mr. M. Rajasekhar

ORDER :

This Criminal original Petition is filed under Section 482 of the Code of Criminal Procedure, 1973, seeking to quash Section 138 proceedings under Negotiable Instruments Act in S.T.C.No.357 of 2010 on the file of the Judicial Magistrate II, Chengalpet as illegal, improper and not maintainable in law.

2. The petitioner/accused averred in the petition that the petitioner introduced one Arul to the complainant and land deal was made between them; that the cheque was obtained from the petitioner on 08.03.2010 by use of wrongful force and unlawful means from the petitioner; that the petitioner issued a suit notice on 04.04.2010 and also issued a letter to his Banker on 03.05.2010 for stop payment; that the cheque is not for an legally enforceable debt or liability; that the registration of criminal case against the petitioner under Section 138 of Negotiable Instruments Act amounts to misuse of the process of law and therefore, the case pending before the Judicial Magistrate under Section 138 of Negotiable Instruments Act is to be quashed.

3. The learned counsel appearing for the petitioner contends reiterating the points in the petition that the disputed cheque was extorted from th










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