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2026 Supreme(Online)(Mad) 19778
IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K.ILANTHIRAIYAN, J
Sakthivel.N – Appellant
Versus
M/s.Equitas Small Finance Bank Limited – Respondent
Crl.O.P.No.29707 of 2022 | Crl.MP.Nos.18217 & 18218 of 2022
For the Appellants/Petitioners: Mr.E.Vinoth Kumar
Respondent can pursue both SARFAESI Act and Section 138 NI Act proceedings simultaneously against the same borrower.
Headnote:This criminal original petition, filed under Section 482 of Cr.P.C, challenges proceedings in STC.No.315 of 2015 for the offense under Section 138 of the Negotiable Instruments Act. The petitioner defaulted on a loan and issued a cheque that was dishonored. The court found the respondent could maintain both SARFAESI and Section 138 proceedings. The petition was dismissed with a directive to complete the trial within six months.
| Table of Content |
|---|
| 1. overview of criminal original petition and background. (Para 1 , 2) |
| 2. arguments regarding dual proceedings. (Para 3) |
| 3. court's observation on dual proceedings. (Para 4 , 5) |
| 4. final ruling and order. (Para 6) |
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.29707 of 2022 and Crl.MP.Nos.18217 & 18218 of 2022 Sakthivel.N ... Petitioner Vs.
M/s.Equitas Small Finance Bank Limited, Rep. By its Power of Attorney Agent KV.Kumerasan, Spencer Plaza, No.769, 4th Floor, Phase II, Anna Salai, Chennai 600 002 ... Respondents Prayer: Criminal Original petition filed under Section 482 of Cr.P.C. praying to call for the records relating to proceedings in STC.No.315 of 2015 pending on the file of the Judicial Magistrate, Fast Track Court-II in Poonamallee and to quash the same.
For Petitioner : Mr.E.Vinoth Kumar
ORDER
This criminal original petition has been filed praying to quash the proceedings in STC.No.315 of 2015 pending on the file of the Judicial Magistrate, Fast Track Court-II in Poonamallee.
2. The petitioner is the accused in the complaint lodged by the respondent for the offence punishable under Section 138 of NI Act on the allegation that the petitioner borrowed loan to the tune of Rs.24,50,000/- and agreed to repay the same by 120 equated instalments. However, the petitioner committed default in payment of equated monthly instalments. While being so, in order to avoid the proceedings under SARFAESI Act, the petitioner issued cheque for a sum of Rs.27,68,995/-. It was presented for collection. However, it was dishonoured for the reason ‘funds insufficient’. After causing statutory notice, the respondent lodged complaint for the offence punishable under Section 138 of NI Act.
3. The learned counsel appearing for the petitioner would submit that already the respondent initiated SARFAESI proceedings against the petitioner and the property was also attached. Therefore, the respondent cannot proceed against the prosecution.
4. Heard the learned counsel appearing for the petitioner and perused all the materials placed before this Court.
5. On perusal of records, it is revealed that though the respondent initiated proceedings under SARFAESI Act against the petitioner, it is no way connected with the present proceedings. In order to realise the loan amount, the respondent attached the property of the petitioner under SARFAESI Act. The respondent lodged complaint for the offence punishable under Section 138 of NI Act to punish the petitioner. Therefore, the respondent can very well maintain the SARFAESI proceedings as well as Section 138 of NI Act proceedings simultaneously against the petitioner.
6. In view of the above discussion, this Court finds no grounds to quash the impugned proceedings. Accordingly, this criminal original petition is dismissed and the trial court is directed to complete the trial within a period of six months from the date of receipt of this order.
Consequently, connected miscellaneous petitions are closed.
