High CourtsSingle Bench(2003) 08 MAD CK 0137

T. James vs R. Tamilselvan

Madras High Court · Decided on 27 August 2003

HON’BLE JUDGES
M. Chockalingam, J
RESULT
Dismissed
CASE NUMBER
Criminal O.P. No. 24431 of 2001 and Criminal M.P. No''s. 8366 and 8367 of 2001

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Judgment

3 paragraphs · 181 words

M. Chockalingam, J.—This petition has been brought forth by the petitioner herein to quash the proceedings in C.C. No. 111 of 2001 on the file of the learned Judicial Magistrate, No. II, Nagercoil.

2.

It was a private complaint filed by the respondent herein alleging that a cheque was issued by the accused in favour of the complainant and the same was placed for encashment. It was dishonoured. A statutory notice was issued. The non-compliance of the demands made therein constrained the complainant to file a complaint under Sections 138 and 142 of the Negotiable Instruments Act. It was taken cognizance and summons were issued. On receipt of summons, the petitioner/accused has brought forth this original petition for quashing the proceedings.

3.. The court has perused the records. It is admitted by both sides that the trial before the Judicial Magistrate is commenced and now it is part heard. Under the stated circumstances, the Court is not inclined to quash the proceedings. Hence, the petition has got to be dismissed. Accordingly, the petition is dismissed. Consequently, connected Cr.M.Ps are also dismissed.