These Criminal Original Petitions have been filed to call for the records in the Criminal complaint in C.C.No.1496 and 1489 of 2017 filed by the respondent and pending on the file of the learned Fast Track Court-III, Metropolitan Magistrate Court, Saidapet, Chennai-15 and quash the same under Section 482 of Criminal Procedure Code.
2. The main ground raised by the learned counsel for the petitioners for quashing the proceedings is that the impugned cheques were issued under account No.1468155000026884. By relying upon another account No. bearing 1468155000012990, the learned counsel submitted that the Account in which the impugned cheques were issued does not belongs to him.
3. I am unable to comprehend as to how by referring to another account standing in the name of the petitioner, it could be argued that these cheques does not belong to the petitioner. There is every possibility that the petitioner could have held two account numbers, in which case the submissions of the learned counsel for the petitioners may not be sustainable. The learned counsel for the petitioners also submitted that the impugned cheques belongs to an account in the name of one Balaji. However there are no materials before this Court to substantiate such a contention. This Court, exercising its power under Section 482 of Criminal Procedural Code, cannot go into these factual aspects, which have to be established after due trial.
4. In the result, I do not find any merits in the present petition and accordingly, the Criminal Original Petitions stand dismissed. Consequently, connected miscellaneous petitions are also dismissed.
06.11.2017 Index : Yes/No Internet:Yes/No rli To
1. The Station House Officer, D Nagar Police Station, Puducherry.
2. The Public Prosecutor, High Court, Puducherry.
M.S. RAMESH.J., rli Crl.OP No.19928 of 2017 in Crl.M.P.Nos.12012, 12013 & 12844 of 2017 and Crl.O.P.No.19929 of 2017 in Crl.M.P.Nos.12014, 12015 & 12843 of 2017 06.11.2017