CRL.O.P.No.17366 of 2026 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 07-07-2026 CORAM: THE HON'BLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY CRL.O.P.No.17366 of 2026 and CRL.M.P.No.11611 of 2026 J.Rejina ..Petitioner Vs. M.Sakthivel ..Respondent Prayer: Criminal Original Petition filed under Section 528 of BNSS Act, praying to call for the records in S.T.C.No.420/2025 by the learned Judicial Magistrate No.I at Tambaram and quash the same. For Petitioner : Mr.M.Anandaraj ORDER This Criminal Original Petition has been filed seeking to quash the private complaint in S.T.C.No.420/2025 by the learned Judicial Magistrate No.I, Tambaram, preferred for an offence under Section 138 r/w. Section 142 of the Negotiable Instruments Act. https://www.mhc.tn.gov.in/judis CRL.O.P.No.17366 of 2026 __________ Page2 of 6 2. The prayer sought for in this Criminal Original Petition is innocuous in nature. In view of the final order to be passed in this petition at the admission stage itself, no prejudice would be caused to the respondent and hence, notice to the respondent is dispensed with. 3. The learned counsel appearing for the petitioner seeks quashing of the complaint on the ground that it is the case of the complainant himself that the amount is due with reference to execution of a cancellation of a mortgage deed; that since the petitioner has already paid the mortgage amount through a separate Demand Draft, which is explicitly recorded in the respective cancellation of mortgage deed, there exists no legally enforceable debt or liability for the complainant to maintain the said complaint. 4. The learned counsel further submitted that a comparison of the serial number of the subject cheque with the statement of accounts produced by the complainant as well as other banking statements, reveals that several subsequent cheques from the same series had already been issued and there is no possibility for the petitioner to have issued the https://www.mhc.tn.gov.in/judis CRL.O.P.No.17366 of 2026 __________ Page3 of 6 subject cheque on the date alleged. Consequently, the complaint is a clear abuse of the process of law. 5. Heard the learned counsel appearing for the petitioner and perused the materials available on record. 6. On a perusal of the entire complaint, it is observed that the complainant has alleged multiple liabilities. In paragraph 8 of the complaint, it is specifically averred that after the mortgage amount was paid through the Demand Draft, the subject cheque was not issued towards the remaining balance amount. Therefore, the question as to whether there exists any other liability or whether the transactions were confined strictly to the mortgage amount, are purely factual issues that must be established during the course of the trial. 7. Similarly, the contention regarding the serial number of the cheque is a matter of evidence to be evaluated by the Trial Court after considering the attendant facts and circumstances. https://www.mhc.tn.gov.in/judis CRL.O.P.No.17366 of 2026 __________ Page4 of 6 8. All the grounds raised by the learned counsel for the petitioner are matters for trial and do not constitute valid grounds for this Court to exercise its inherent jurisdiction to quash the proceedings. 9. In view of the above, this Criminal Original Petition stands disposed of. Connected miscellaneous petition is closed. 10. At this juncture, the learned counsel for the petitioner submitted that the petitioner is 66 years old and pleads extreme hardship in attending the Trial Court on every hearing. 11. Considering the age and the hardship pleaded, the personal appearance of the petitioner before the learned Judicial Magistrate No.I, Tambaram, is dispensed with, except for those hearings where his appearance is specifically insisted upon by the Trial Court. 07-07-2026 Neutral Citation: No Sni https://www.mhc.tn.gov.in/judis CRL.O.P.No.17366 of 2026 __________ Page5 of 6 To The Judicial Magistrate No.I, Tambaram. https://www.mhc.tn.gov.in/judis CRL.O.P.No.17366 of 2026 __________ Page6 of 6 D.BHARATHA CHAKRAVARTHY, J. Sni CRL.O.P.No.17366 of 2026 07-07-2026 https://www.mhc.tn.gov.in/judis