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S Kavitha vs M/S Kathir Foundation No Bf 4

Madras High Court|25 January, 2017
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JUDGMENT / ORDER

This Criminal Original Petition has been filed to call for the records pertaining to S.T.C.No.3343 of 2010 on the file of the learned Judicial Magistrate, Mayiladuthurai, and quash the same.
2. The case relates to the year 2010. The main allegation is that the cheque issued by the petitioner to the de facto complainant in respect of a loan borrowed from the de facto complainant, was returned for the reason 'funds insufficient', and hence the petitioner had issued the cheque with dishonest intention and hence she is liable to be punished under Section 138 of the Negotiable Instruments Act.
3. When this matter came up before this Court on 04.01.2017, this Court dismissed the stay petition on the ground that since the petitioner is facing criminal prosecution under Section 138 of the Negotiable Instruments Act, there is no point in keeping the petition pending.
4. Considering the facts and circumstances of the case, the Criminal Original Petition is dismissed directing the learned Judicial Magistrate, Mayiladuthurai to dispose of the case in S.T.C.No.3343 of 2010 as expeditiously as possible, preferably within a period of six months from the date of receipt of a copy of this order.
Index : Yes/No 25.01.2017 Internet : Yes/No KM To
1. The Judicial Magistrate-I, Mayiladuthurai.
2. The Public Prosecutor, Madras High Court, Chennai-600 104.
R.MAHADEVAN, J.
KM Crl.O.P.No.4052 of 2011 25.01.2017 http://www.judis.nic.in
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Title

S Kavitha vs M/S Kathir Foundation No Bf 4

Court

Madras High Court

JudgmentDate
25 January, 2017
Judges
  • R Mahadevan