COMMON PRAYER: Criminal Original Petitions are filed under Section 482 of Cr.P.C., to call for records relating to proceedings in C.C. Nos. 209, 208 of 2016 respectively on the file of the Court of Judicial Magistrate No. 1, Ponnery and quash the same.
The Order of the Court was delivered by
G.K. Ilanthiraiyan, J.:— These Criminal Original Petition has been filed to call for records relating to proceedings in C.C. Nos. 209, 208 of 2016 respectively on the file of the Court of Judicial Magistrate No. 1, Ponnery and quash the same.
2. The learned counsel for the petitioner submitted that there is absolutely no legally enforceable debt between the parties. The amount taken in the chit by the petitioner, already the entire amount has been settled. In respect of the very same, the respondent also filed the suit before the Civil Court for recovery of money. Therefore, the present complaint is not at all maintainable under Section 138 of Negotiable Instruments Act and prayed for quashment of Same.
3. Per contra, the learned counsel for the respondent submitted that to repay the said amount, the petitioner issued the cheque and the cheque was resulted for collection the cheque was returned as dishonoured for the reason to insufficient funds. After accepting the notice that the respondent initiated the present proceedings under Section 138 of Negotiable Instruments Act. As such he prayed for dismissal of the quash petition.
4. Heard the learned counsel from both sides.
5. It is seen that all the points raised by the petitioner in the quash petition are involving questions of facts. Therefore, this Court cannot considered the points raised by the petitioner under Section 482 of Cr.P.C. Further, it is seen that after receipt of statutory notice to the petitioner under Section 138 of Negotiable Instruments Act the petitioner did not choose to send any reply notice denying the involvement made in this petition.
6. With the above observations, these Criminal Original Petitions stands dismissed. However, considering the year of the case is 2016, the trial Court is directed to complete the trial within the period of three weeks from the date of receipt of a copy of this order. Consequently, the connected Criminal Miscellaneous Petitions are closed.