G.Ramanujam v. R.Arangarajan

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2. The contention of the petitioner is that for the very same cheque amount, suit has been filed and pending before the City Civil Court, Chennai in O.S.No.2223 of 2020 and counter suit in OS.No.6922 of 2021. Therefore being the disputed claim, the point of legally enforceable debt will be decided in the Civil Court and not in Criminal Court under Section 138 of N.I.Act.

3. The learned counsel for the petitioner further submitted that if the complainant succeeds in the suit for recovery of money then the petitioner will sufferance twice.

4. This Court is unable to countenance and submits that since the offence under Section 138 N.I. Act is a serious offence of dishonouring the cheque issued for the discharge of liability, the presumption is on the person who gives the cheque that the cheque was given to discharge an enforceable liability. This matter is a question of fact that should be tested and proved before the trial court. The pendency of the civil suit for the recovery of money will not disprove or debar the holder of the

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cheque from initiating a complaint under Section

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138 of N.I. Act. Hence, this Criminal Original Petition is dismissed. Consequently, the connected Miscellaneous Petition is closed.

11.10.2023

Index : Yes/No Neutral Citation : Yes/No drl

To

1. The Metropolitan Magistrate, Fast Track-III, Saidapet, Chennai.

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Dr.G.JAYACHANDRAN,J.

drl Crl.O.P.No.SR.48616 of 2023 and Crl.M.P.No.15557 of 2023

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11.10.2023