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2022 Supreme(Online)(MAD) 10963

HIGH COURT OF MADRAS
Hon`ble Mr.Justice K.MURALI SHANKAR
Duraivel Rajan – Appellant
Versus
R. Shyamala – Respondent


ORDER

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 S.T.C.No.3610 of 2019 pending on the file of the learned Judicial Magistrate No.V, Tiruchirappalli and quash the same as against the petitioner.

2.The petitioner is the first accused in S.T.C.No.3610 of 2019 filed by the respondent and is pending on the file of the learned Judicial Magistrate No.V, Tiruchirappalli.

3.The respondent has filed a private complaint under Section 200 of Cr.P.C., against two persons including the petitioner herein for the alleged offence under Section 138 r/w 142 of the Negotiable Instrument Act and the case was taken on file in S.T.C.No.3610 of 2019 on the file of the said Court.

4.The main contention of the petitioner is that the petitioner and his wife/A2 opened a joint account in ICICI Bank, Thillainagar Branch, Tiruchirappalli, that the cheque is in dispute bearing No.086615, dated 11.03.2019 was admittedly signed by the second accused and that therefore, Section 138 of N.I. Act would not attract as against the petitioner.

5.The learned counsel for the petitioner has relied on the Judgment of the Hon'ble Supr

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