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2023 Supreme(Online)(Mad) 82728

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Hon`ble Mr Justice G.K. ILANTHIRAIYAN
G.CHINNASAMY – Appellant
Versus
S.K.N.JAYAKUMAR – Respondent


IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 15.11.2023 CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.OP.No.22022 of 2021 and Crl.MP.No.11948 of 2021 G.Chinnasamy ... Petitioner Vs.

S.K.N.Jayakumar ... Respondent PRAYER: Criminal original petition is filed under Section 482 of Cr.P.C. to call for the records in STC.No.69 of 2021 on the file of the Judicial Magistrate, Fast Track Court-I, Erode and to quash the same. For Petitioner : Mr.S.Thirukkumaran For Respondent : Mr.S.Lakshmipathy

ORDER

This Criminal Original Petition has been filed to quash the proceedings in STC.No.69 of 2021 on the file of the Judicial Magistrate, Fast Track Court-I, Erode thereby taken cognizance for the offences under Section

138 of Negotiable Instruments Act.

2. Heard, the learned counsel appearing on either side.

3. The respondent filed complaint for the offence under Section 138 of Negotiable Instruments Act as against the petitioner. The crux of the complaint is that the petitioner borrowed a sum of Rs.9 lakhs and agreed to repay the same with interest at the rate of 2% per hundred rupees. He also issued post dated cheque and assured that the cheque will be honoured on the date of its presentati

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