CRL OP No. 16936 of 2026 __________ Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 03-07-2026 CORAM THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY CRL OP No. 16936 of 2026 and Crl.M.P.Nos.11235 & 11236 of 2026 Dr. Thilakavathy W/o. Anbazhagan, Proprietor-M/s. Kavitha Ortho and Multi Speciality Hospital, No.144, Radha Nagar Main Road, Chrompet, Chennai-44. ..Petitioner(s) Vs T.A.Mohana Kumaran S/o. Anbazhagan, No.18-A, Shanmugarayan Street, Old Washermenpet, Chennai-21. ..Respondent(s) PRAYER: Criminal Original Petition filed under Section 528 of BNSS, to call for the records pertaining to the impugned complaint in STC No.85/2026 on the file of IV Metropolitan, Fast Track, George Town, Chennai-1 and to quash the same. For Petitioner(s): Mr.P.Vijendran ORDER This Criminal Original Petition is filed to quash the private complaint, complaining an offence under Section 138 of the Negotiable Instruments Act, 1881, in STC No.85 of 2026 on the file of the Court of IV Metropolitan, Fast https://www.mhc.tn.gov.in/judis CRL OP No. 16936 of 2026 __________ Page2 of 4 Track, George Town, Chennai-1. 2. Upon hearing Mr.P.Vijayendran, the learned counsel for the petitioner, the primary grievance of the petitioner is that after the transaction, the petitioner has repaid the amount through banking channels. Without disclosing about the same, as if a sum of Rs.1,00,00,000/- is due, three cheques have been misused and has been presented before the Bank. Since the cheques presented were returned ‘funds insufficient’, a case has been filed. The petitioner has also issued a due reply notice to the statutory notice. 3. Even after considering the said submissions, it can be seen that for an offence under Section 138 of the Negotiable Instruments Act, 1881, there is a rebuttable presumption in favour of the holder of the cheque and when the accused is said to have repaid the amount and no such legally enforceable debt is due, it is for the accused to cross examine the complainant and also let in evidence on her behalf and prove the same before the trial Court. The said issue cannot be taken up as an issue for quashing the complaint. Therefore, keeping open the liberty of the petitioner to raise all the issues before the trial Court, the prayer in the Criminal Original Petition cannot be countenanced and accordingly, the Criminal Original Petition stands disposed of. https://www.mhc.tn.gov.in/judis CRL OP No. 16936 of 2026 __________ Page3 of 4 4. At this juncture, the learned counsel would submit that the petitioner is a lady and pleads hardship for the appearance before the trial Court. Considering the submission made by the learned counsel for the petitioner, the appearance of the petitioner before the trial Court shall stand dispensed with, except for the hearings that are insisted by the trial Court. Consequently, the connected miscellaneous petition stands closed. 03-07-2026 Neutral Citation: Yes/No JER To The IV Metropolitan Magistrate, Fast Track, George Town, Chennai-1. https://www.mhc.tn.gov.in/judis CRL OP No. 16936 of 2026 __________ Page4 of 4 D.BHARATHA CHAKRAVARTHY, J. JER CRL OP No. 16936 of 2026 03-07-2026 https://www.mhc.tn.gov.in/judis