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2025 Supreme(Online)(Mad) 76690

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice A.D.JAGADISH CHANDIRA
S.SARAVANAN – Appellant
Versus
C.NAVANEETHAN – Respondent


IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.12.2025

CORAM:

THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA

and

Crl.MP.No.23648 of 2025

S.Saravanan ...Petitioner

Vs.

C.Navaneethan ...Respondent

Criminal Original Petition filed under Section 528 of BNSS, 2023 to

call for the records relating to the proceedings of the order in CMP.No.12 of 2025 in STC.No.176 of 2021 on the file of the Judicial Magistrate,

Komarapalayam, Namakkal District and set aside the same.

For Petitioner : Mr.R.Murugabharathi

ORDER

This criminal original petition has been filed seeking quashment of the

order dated 05.11.2025 passed in CMP.No.12 of 2025 in STC.No.176 of 2021 by the learned Judicial Magistrate, Komarapalayam, Namakkal

District.

2. The brief facts are as follows:

2.1 The petitioner is an accused facing trial in S.T.C.No.176 of 2021 (private complaint) filed by the respondent for the offence under Section 138 of the Negotiable Instruments Act, 1881. The respondent/complainant alleged that the petitioner/accused borrowed a sum of Rs.8,50,000/- from him and in discharge of the said liability, issued a cheque bearing no.025755 dated 07.07.2021 drawn on ICICI Bank, Erode Branch in his favour. The cheque, when presen

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