Crl.O.P.No.3005 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 06.02.2025 CORAM THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.3005 of 2025 S.Dhanasekaran ... Petitioner Vs S.Ezhilarasi ... Respondent Criminal Original Petition is filed under Section 528 of B.N.S.S. to call for the records pertaining to C.C.No.22 of 2017 on the file of the Judicial Magistrate, Arakkonam and quash the same. For Petitioner : Mr. B.Gopalakrishnan O R D E R This petition has been filed to quash the complaint in C.C.No.22 of 2017, on the file of the Judicial Magistrate, Arakkonam. 2. Heard the learned counsel for the petitioner and perused the 1/5 https://www.mhc.tn.gov.in/judis Crl.O.P.No.3005 of 2025 materials available on record. 3. The petitioner is an accused in the complaint lodged by the respondent for the offence punishable under Section 138 of the Negotiable Instruments Act (hereinafter referred to as 'the NI Act' for short). The complaint has been taken cognizance by the Trial Court in C.C.No.22 of 2017. After a period of eight years, now, the petitioner has filed this petition to quash the entire proceedings on the ground that the respondent already filed a suit for recovery of money in pursuance to the issuance of cheque, including in this petition and the same was decreed in O.S.No.5 of 2018 on the file of the II Additional District Court, Vellore at Ranipet, dated 05.03.2021. Aggrieved by the same, the petitioner also preferred an appeal in A.S.No.367 of 2021 and it is pending for adjudication before this Court. However, the recovery of money is completely different from the complaint lodged for the offence punishable under Section 138 of the NI Act. 4. Though, if the decree is complied with by the petitioner, then the quashment of the entire proceedings can be considered. But the 2/5 https://www.mhc.tn.gov.in/judis Crl.O.P.No.3005 of 2025 petitioner filed the said appeal in A.S.No.367 of 2021, as against the judgment and decree passed in O.S.No.5 of 2018, and it is pending for adjudication. Therefore, this Court finds no grounds to entertain this petition to quash the entire proceedings. 5. In the result, this Criminal Original Petition is dismissed. However, the Trial Court is directed to complete the trial within a period of three months from the date of receipt of a copy of this order. 06.02.2025 Index:Yes/No Neutral Citation/Yes/No kv To The Judicial Magistrate, Arakkonam. 3/5 https://www.mhc.tn.gov.in/judis Crl.O.P.No.3005 of 2025 4/5 https://www.mhc.tn.gov.in/judis Crl.O.P.No.3005 of 2025 G.K.ILANTHIRAIYAN, J. kv Crl.O.P.No.3005 of 2025 06.02.2025 5/5 https://www.mhc.tn.gov.in/judis