Petitioner seeks quash of proceedings in S.T.R.No.1132 of 2011 on the file of learned Judicial Magistrate II, Karaikal.
2. Heard learned counsel for petitioner. There is no appearance for respondent.
3. Petitioner faces prosecution for offence u/s.138 of the Negotiable Instruments Act. The contention of learned counsel for petitioner is that the complaint does not inform when and where the amount allegedly covered by the cheque was paid to petitioner. The further contention of learned counsel is that 'stop payment' instructions was issued to the bank since the cheque was stolen and as such, no offence u/s.138 of the Negotiable Instruments Act is made out.
The contentions of learned counsel for petitioner are in the nature of defence and are matters for the trial Court to consider. The Criminal Original Petition shall stand dismissed. Learned Judicial Magistrate II, Karaikal, is directed to dispose of S.T.R.No.1132 of 2011 within a period of three months from the date of receipt of this order. Connected miscellaneous petition is closed. 02.06.2017 Note to office: Issue order copy by 06.06.2017 Index:yes/no Internet:yes gm To The Judicial Magistrate II, Karaikal.
C.T.SELVAM, J gm Crl.O.P.No.5591 of 2013 02.06.2017 http://www.judis.nic.in