2025 Supreme(Online)(Mad) 72594
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mrs.Justice T.V.THAMILSELVI
PRIYA PETRO PRODUCTS – Appellant
Versus
LUBE KING – Respondent
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 25-11-2025 CORAM THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI AND CRL MP NO. 20853 OF 2025,CRL MP NO. 20725 OF 2025,CRL MP NO.
20729 OF 2025,CRL RC NO. 2271 OF 2025,CRL RC NO. 2298 OF 2025
1. Priya Petro Products Rep by its Proprietor G.Ravi having office at No.106, Santhome High road, Mullima Nagar, Santhome, Raja Annamalai puram, Chennai-600 028 Petitioner(s)
Vs
1. Lube King Rep by its proprietory, S.Sudharsan No.11, 2nd Street, Krishna Nagar, Pammal, Chennai Respondent(s)
CRL RC No. 2271 of 2025
1. Priya Petro Products Rep by its Proprietor G.Ravi having office at No.106, Santhome High road, Mullima Nagar, Santhome, Raja Annamalai puram, Chennai-600 028 Petitioner(s)
Vs
1. Lube King Rep by its proprietory, S.Sudharsan No.11, 2nd Street, Krishna Nagar, Pammal, Chennai Respondent(s)
1. Priya Petro Products Rep. by its Proprietor G.Ravi, having office at No. 106, Santhome high Road, Mullima Nagar, Santhome, Raja Annamalai Puram, Chennai- 600 028.
Petitioner(s)
Vs
1. Lube King Rep. by its Proprietor, S.Sudharsan, No. 11, 2nd Street, Krishna Nagar, Pammal, Chennai.
Respondent(s)
CRL RC No. 2270 of 2025 PRAYER To setaside the dismissal order dated 02.09.2025 passed in C.M.P.No.291 of 2025 in CC.No.88 of 2024 on the file of the Learned Judicial Magistrate, Pallavaram CRL RC No. 2271 of 2025 PRAYER To setaside the dismissal order dated 02.09.2025 passed in C.M.P.No.127 of 2025 in CC.No.87 of 2024 on the file of the Learned Judicial Magistrate, Pallavaram CRL RC No. 2298 of 2025 PRAYER To set aside the dismissal order dt. 02.09.2025 passed in C.M.P.No. 126/2025 in C.C.No. 89/2024 on the file of the Learned District Munsif cum Judicial Magistrate, Pallavaram and pass such further or other orders as this honble Court.
For Petitioner : A.S. Murugan For Respondent(s): A.Ganapatheeswaran G.Simuram
COMMON ORDER
Crl. R.C No. 2270 of 2025 has been filed to setaside the dismissal order dated 02.09.2025 passed in C.M.P.No.291 of 2025 in CC.No.88 of 2024 on the file of the Learned Judicial Magistrate, Pallavaram
2. Crl. R.C No. 2271 of 2025 has been filed to setaside the dismissal order dated 02.09.2025 passed in C.M.P.No.127 of 2025 in CC.No.87 of 2024 on the file of the Learned Judicial Magistrate, Pallavaram
3. Crl. R.C No. 2271 of 2025 has been filed to set aside the dismissal order dated 02.09.2025 passed in C.M.P.No. 126/2025 in C.C.No. 89/2024 on the file of the Learned District Munsif cum Judicial Magistrate, Pallavaram
4. The petitioner herein filed C.M.P.No.291 of 2025 in CC.No.88 of
2024, C.M.P.No.127 of 2025 in CC.No.87 of 2024 and C.M.P.No. 126/2025 in C.C.No. 89/2024 on the file of the Learned Judicial Magistrate, Pallavaram, seeking to discharge him from C.C No. 87 of 2024, C.C No. 88 of 2024 & C.C No. 89 of 2024 for the offence under Sections 138 & 142 of N.I Act. The reason stated by the petitioner for discharge is that the cheque relied by the complainant were stolen from the petitioner by the complainant to that effect the petitioner lodged a complaint before the police. Therefore, there is no legally enforceable debt payable by the petitioner. Hence, he prays to discharge from the case. On hearing both sides, the Trial Court held that discharge not maintainable in Summary cases. Accordingly, dismissed the petitions filed by the petitioner. Aggrieved over the same, the petitioner filed these Criminal Revision Cases.
5. The learned counsel for the petitioner submits that before lodging the complaint against the petitioner, the petitioner has lodged a complaint for stolen cheques, which itself shows that there is no legally enforceable debt but the Trial Court has failed to take note of the above fact. Further, the complainant has unnecessarily initiated N.I proceedings in order to harass the petitioner. Hence, he prays to allow these cases.
6. The learned counsel for the complainant submits that there is legally enforceable debt between the petitioner and the complainant and the same was rightly obser