Petitioner seeks to quash proceedings in M.P.No.5004 of 2011 on the file of learned VII Metropolitan Magistrate, George Town, Chennai, wherein petitioner faces prosecution for offence u/s.138 of the Negotiable Instruments Act.
2. Petitioner informs of having filed a suit against respondent since he was harassed by him, that cheques given by petitioner had been misused and that he enjoys an order of interim injunction. Despite stop payment advised of the petitioner, respondent fabricated and forged blank cheques and attempted to encash the same. On such allegations, petitioner contends that the case for offence u/s.138 of the Negotiable Instruments Act is not sustainable in law.
3. This Court is unable to agree. The contention of petitioner, at best, amounts to defences which he would have to plead and prove before the trial Court.
The Criminal Original Petition is dismissed. Connected miscellaneous petitions are closed. 15.03.2017 Index:yes/no Internet:yes/no gm/sai To The VII Metropolitan Magistrate, George Town, Chennai.
C.T.SELVAM, J gm/sai Crl.O.P.No.1506 of 2012 15.03.2017