Crl.OP.Nos.7356 & 13710 of 2023 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 15.03.2024 CORAM THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.Nos.7536 & 13710 of 2023 and Crl.M.P.Nos.4811, 4814, 8416 & 8417 of 2023 1. P.Jagatha, S/o.Parthiban 2. S.Parthiban, S/o.Seenivasan ... Petitioners in both Crl.O.Ps. Vs. V.Vasugi, W/o.Venkataraman ... Respondent in both Crl.O.Ps. Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records in S.T.C.Nos.486 of 2022 & 491 of 2022 on the file of the Special Judicial Magistrate, Fast Track Court I, Erode District to quash the entire proceedings. For Petitioners : Mr.P.M.Jayachandran [in both Crl.O.Ps.] For Respondent : No appearance [in both Crl.O.Ps.] ***** COMMON ORDER 1/4 https://www.mhc.tn.gov.in/judis Crl.OP.Nos.7356 & 13710 of 2023 The issue involved in both these cases are common. Hence, both these cases are taken up for hearing together, heard and disposed of through this common order. 2. The respondent had filed a complaint against the petitioners for offence under Section 138 of the Negotiable Instruments Act. The case of the respondent is that the petitioners had taken loan from the respondent and had executed promissory note and also gave post-dated cheques dated 15.07.2022 and 30.07.2022 for Rs.3,00,000/- and Rs.2,00,000/- respectively. After informing the petitioners, both cheques were presented for collection and both the cheques were dishonoured with an endorsement "payment stopped by drawer". After exchange of statutory notice, two separate complaints have been filed towards each cheque. 3. Heard learned counsel for petitioners. The respondent has been served with notice and the name of the respondent has also been printed in the cause list, however, there is no representation either in person or through a counsel. 4. The main ground that has been urged by learned counsel for 2/4 https://www.mhc.tn.gov.in/judis Crl.OP.Nos.7356 & 13710 of 2023 petitioners is that the entire amount was repaid back to the respondent and to substantiate the same, the bank statements were produced before this Court for the period from 01.07.2019 to 31.12.2019. On going through the same, it is clear that the entire amount has been repaid back to the respondent. These documents are of unimpeachable and sterling character. 5. After repayment of the entire loan, the second petitioner has also given a letter to the State Bank of India dated 27.08.2020 informing that the amount has been repaid back and therefore, if the cheques are presented by the respondent, it should not be entertained. This notice was received by the bank on 28.08.2020. While so, the respondent has taken a stand as if the petitioners asked the respondent to present the cheques on 17.08.2022 and 22.08.2022 respectively. This stand taken by the respondent goes completely against the materials available before this Court. The stop payment arrangement has been made in the year 2020 itself after the repayment of the entire loan and therefore, there is no occasion to represent these cheques in the year 2022. N.ANAND VENKATESH, J. 3/4 https://www.mhc.tn.gov.in/judis Crl.OP.Nos.7356 & 13710 of 2023 gm 6. The continuance of the proceedings as against the petitioners will result in abuse of process of law, which requires interference of this Court in exercise of its jurisdiction u/s.482 Cr.P.C. 7. Accordingly, the proceedings in S.T.C.Nos.486 of 2022 & 491 of 2022 on the file of the Special Judicial Magistrate, Fast Track Court No.1, Erode District, is hereby quashed. In the result, these Criminal Original Petitions are allowed. Consequently, connected miscellaneous petitions are closed. 15.03.2024 Speaking Order/Non-speaking Order Index :Yes/No Neutral citation: Yes/No gm To The Special Judicial Magistrate, Fast Track Court No.1, Erode District. Crl.O.P.Nos.7536 & 13710 of 2023 4/4 https://www.mhc.tn.gov.in/judis