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N kirubakaran judge good order mhc advt arulmoli
by Sekar Reporter · Published May 15, 2021
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THE HON’BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP Crl.O.P.No.21370 of 2021 and Crl.M.P.Nos.11550 and 11551 of 2021 1.V.Gunasekaran. For Petitioners : Mr.V.P.Raju For Respondent : Mr.R.Muthukumar , Therefore, it is presumed that the cheque that was in the custody of the Respondent was filled up and presented for an invoice of the year 2015 which is time barred. 9.As per the reported ruling in 2012 SCC OnLine Mad 2776 : (2012) 2 LW (Cri) 516 [Sama Dharman Proprietory M/s. Sri Sai Tex and another -vs- Natarajan] for a time barred debt a complaint under Section 138 of Negotiable Instruments Act cannot be filed. If it is filed as proof of prior liability then in such circumstances under Section 25(3) of the Indian Contract Act, 1872, there must be separate and distinct promise by the person, who issued cheque that even though it is a time barred debt, he is ready and willing to honour the debt. In the absence of such acknowledgment of time barred debt, the contention of the learned Counsel for the Respondent that the Petitioners herein had issued cheque bearing No.002882 for the prior liability that is for the invoice-cum-delivery challan of the year 2015 bearing No.MBSI/1662 is found unacceptable. The contention of the learned Counsel for the Petitioners is acceptable. Therefore, the objection by the learned Counsel for the Respondent/Complainant that petition under Section 482 of Cr.P.C. is not maintainable and what had been raised by the learned Counsel for the Petitioners is to be considered subject to the evidence before the trial Court and the petition under Section 482 of Cr.P.C. cannot be invoked, is found unacceptable and unreasonable, particularly, in the light of the bank transactions which shows that the claim of the Petitioners that the cheque issued for the prior liabilities was misused by the Respondent is beyond reasonable doubt. In the result, the Criminal Original Petition is allowed. The Complaint in S.T.C. No.102 of 2021 on the file of the learned Fast Track Court (Magistrate Level), Ambattur is quashed against the Petitioners. Consequently, the connected Criminal Miscellaneous Petitions are closed. 27.01.2023 SRM Index : Yes / No Internet : Yes / No To The Fast Track Court (Magistrate Level), Ambattur. SATHI KUMAR SUKUMARA KURUP., J. SRM Order made in Crl.O.P.No.21370 of 2021 27.01.2023
by Sekar Reporter · Published August 18, 2023
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Justice Pushpa Sathyanaryana of Madras HC is being accorded a farewell today as she is slated to retire on Sunday. She had quashed notices issued by Legislative Assembly’s Privilege committee to CM MK Stalin in gutkha issue& expunged adverse remarks against actor Vijay
by Sekar Reporter · Published February 25, 2022