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IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.VIJAYAKUMAR, J
Annarani – Appellant
Versus
Jawahar – Respondent
| Table of Content |
|---|
| 1. petition to quash section 138 ni act charge sheet. (Para 1 , 2) |
| 2. debt enforceability determined at trial, not quashing. (Para 3 , 4) |
| 3. petition dismissed; appearance dispensed. (Para 5) |
ORDER
The present criminal original petition has been filed by the petitioner/sole accused in STC No.105/2026 on the file of the learned Judicial Magistrate No.I, Ramanathapuram District, seeking to quash the charge sheet wherein the petitioner has been charged for the offence under Section 138 of the Negotiable Instruments Act.
2. According to the learned counsel for the petitioner, the petitioner and the defacto complainant are partners in a business and therefore, the provisions of NI Act could not be attracted. According to him, cheque was not issued for a legally enforceable debt.
3. Heard the learned counsel appearing for the petitioner and perused the records.
4. Whether the cheque was issued for legally enforceable debt or not is the subject matter of trial. Therefore, the said issue cannot be decided in the quash proceedings. In view of the said fact, this Criminal Original Petition stands dismissed. Consequently, Crl.M.P(MD)No.6728 of 2026 is closed.
5. The personal appeara
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