Back
K. MURALI SHANKAR
Suganya – Appellant
Versus
Santhanamurugesan – Respondent
JUDGMENT
(Prayer: Criminal Original Petition filed under Section 482 Cr.P.C, to call for the records relating to the case in C.C.No.488 of 2019 on the file of the learned Judicial Magistrate No.I, Dindigul, and quash the same as illegal.)
1. This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking orders to call for the records pertaining to the case in C.C.No.488 of 2019 pending on the file of the Judicial Magistrate Court No.I, Dindigul, and quash the same.
2. The petitioner is the sole accused in C.C.No.488 of 2019 on the file of the Court of the Judicial Magistrate No.I, Dindigul.
3. The respondent/complainant has filed a private complaint under Section 200 Cr.P.C. against the petitioner for the offences under Sections 138 r/w 142 of Negotiable Instruments Act.
4. The case of the prosecution is that since the petitioner's husband was running auction chits and the petitioner was running lodging house in Sirumalai as Vishnu Cottage, the respondent had acquaintence with the petitioner five years prior to the lodging of the complaint, that the petitioner borrowed a sum of Rs.10,00,000/- to meet out the family expenses and for developing the Vishnu Cottage at
The court emphasized that the exercise of powers under Section 482 Cr.P.C. to quash criminal proceedings is an exception and should be sparingly and cautiously exercised, and that the court cannot ad....
A disputed defense regarding the misuse of a cheque in a Section 138 NI Act case constitutes a factual dispute requiring evidence and is not a valid ground for quashing criminal proceedings under S.5....
Defenses to a charge under Section 138 of the Negotiable Instruments Act, such as duress and lack of consideration, are triable issues that cannot be adjudicated in a petition under Section 482 of th....
The issuance of a cheque as security and subsequent repayment can render proceedings under Section 138 of the Negotiable Instrument Act unsustainable.
The court emphasized that at the Section 482 Cr.P.C stage, it should not assess the veracity of the statements in the complaint and should not interfere if there are prima facie allegations.
Existence of legally enforceable debt under Section 138 NI Act is a trial issue, not for quashing proceedings.
Section 138 NI Act proceedings cannot be quashed at a pre-trial stage when statutory requirements are met, as the question of legally enforceable debt must be examined only at trial under the Section....
The legal presumption of issue of cheque in discharge of liability can be rebutted only during the trial, and the Court should not quash a complaint at a pre-trial stage if the complaints are not pre....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
