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Judgment
This Criminal Original petition has been filed to quash the proceedings in C.C.No.492 of 2009 on the file of the Judicial Magistrate, Tenkasi.
The learned counsel appearing for the petitioner is present and the learned counsel appearing for the respondent is absent.
The learned counsel for the petitioner contented that the cheque issued by the petitioner in favour of the respondent is not legally enforceable in
terms of proviso to Section 138 of Negotiable Instruments Act and he further contented that the entire transaction is under Sections 23 and 24 of
Indian Contract Act. The other contention raised by the petitioner before this Court is that the learned Judicial Magistrate, Thenkasi is not having
any territorial jurisdiction in C.C.No.492 of 2009.
On considering the contention raised by the petitioner, being the accused in the above said case, is having right to file an application before the
concerned Magistrate to stop proceedings. Without following the said proceedings, the petitioner straight away filed this Criminal Original Petition,
which is pending from 2013 onwards. Section 482 of Cr.P.C. has to be used by this Court only in extraordinary circumstances.
In view of the reasons stated above, this Court is not inclined to entertain this Criminal Original Petition. Accordingly, this Criminal Original
petition is dismissed. The learned Judicial Magistrate, Tenkasi is directed to dispose of the case in C.C.No.492 of 2008 within a period of three
months from the date of receipt of a copy of this order. Consequently, connected M.Ps. are closed.