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2024 Supreme(Mad) 1008

G. JAYACHANDRAN
R. Radha @ Radha Ramalingam – Appellant
Versus
Madhan Raj – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: N. Jothi, S. Vinod.
For the Respondents: R. John Sathyan, A.P. Balaji.

ORDER :

1. The respondent herein has preferred a batch of private complaints against the petitioner herein for the offence under Section 138 of Negotiable Instruments Act, 1881 for issuance of cheques to discharge of enforceable liability, but without adequate fund in the account. The complaints were taken on file by the Judicial Magistrate No. V, Salem and issued process to the accused person. After examination of the accused, the trial has commenced.

2. At this juncture, the petitioner/accused has filed the present petitions under Section 482 of Cr.P.C., to quash the complaints on the ground that the issuance of process to the accused/petitioner is in contradiction to Section 202(1) of Cr.P.C and therefore, due to irregularity in the procedure the trial get vitiated under Section 461 of Cr.P.C.

3. The sum and substance of the argument made by the learned Senior Counsel Mr.N.Jothi appearing for the petitioner/accused is that Section 202(1) of Cr.P.C., was amended with effect from 23.06.2006 by inserting a mandate to the effect that if the accused is residing beyond the territorial jurisdiction of the Court, which take cognizance of the offence the issuance of process should be postpo

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