Advocates:
['M/S P SAM JAPA SINGH', '', 'M SIVAKUMAR', 'P RAJESH KUMAR', 'G RAJENDRAN', 'M/S S RAJENDRAN', '', 'D ELIZABETH', 'CAUSING OF SERVICE INTIMNATION', 'RECIVED']

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated 02.12.2021

CORAM:

THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR

Crl. O.P. No. 28765 of 2017

and

Crl.M.P.Nos. 16258 and 16259 of 2017

K.Latha Kumari

. . . Petitioner

Versus

Mr.R.Velayudhan Nambiar

. . . Respondent

PRAYER : Criminal Original Petition filed under Section 482

Cr.P.C., to call for the records in C.C.No.4624 of 2017, on the

file of II Fast Track Court, at Egmore, @Allikullam Complex, and

quash the same as illegal.

For Petitioner : Mr.P.Sam Japa Singh

For Respondent

: No appearance

ORDER

This Criminal Original Petition has been filed to quash

the criminal proceedings in C.C.No.4624 of 2017, on the file of

II Fast Track Court, at Egmore @ Allikulam Complex, Chennai.

2.Heard the learned counsel for the petitioner and

perused the entire materials available on record.

3.The petitioners are charged with an offence under

Section 138 of the Negotiable Instruments Act. Having gone

through the materials available on record, this Court is of the

considered view that, when a complaint is filed under Section

138 of the Negotiable Instruments Act, this Court cannot go into

the question of fact as to the validity of the issuance of

cheque and whether the cheque has been issued towards a legally

enforceable debt or not. Those issues are factual and triable

issues, which have to be decided only by way of a full fledged

trial and not otherwise under Section 482 of Code of Criminal

Procedure. The above view of this Court is fortified by the

decision of the Hon'ble Supreme Court in STATE OF HARYANA AND

https://hcservices.ecourts.gov.in/hcservices/

OTHERS Vs. BHAJANLAL AND OTHERS 1992 Supp (1) Supreme Court

Cases 335, wherein, the Hon'ble Supreme Court has held that the

power of quashing a criminal proceeding should be exercised very

sparingly and with circumspection.

4.In such view of the matter, this Court is of the view

that, quashing of the case cannot be considered at this point of

time. Accordingly, this Criminal Original Petition is dismissed.

Consequently, connected Criminal Miscellaneous Petitions are

closed.

5.It is for the petitioner to take all her defence before

the trial Court. The petitioner/accused is directed to appear

before the trial Court within two weeks from the date of receipt

of a copy of this order and file an application under Section

436 of Code of Criminal Procedure. On such filing of the

application, the trial Court is directed to release the

petitioner on bail on the same day on she executing a bond for a

sum of Rs.10,000/- (Rupees Ten thousand only) each with two

sureties. If thereafter, she absconds, a fresh FIR can be

registered under Section 229-A of the Indian Penal Code.

Sd/-

Assistant Registrar(CS-III)

//True Copy//

Sub Assistant Registrar

psa/mkn

To

The Metropolitan Magistrate,

II Fast Track Court,

Egmore @ Allikulam,

Chennai.

+1cc to Mr.P.Sam Japa Singh, Advocate SR.No.63951

Crl. O.P. No. 28765 of 2017

PL(CO)

GN(17/12/2021)

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