Petitioner seeks quash of proceedings in C.C.No.11166 of 2010 on the file of learned IX Metropolitan Magistrate, Saidapet.
2. Heard learned counsel for respondent and no representation for petitioner.
3. C.C.No.11166 of 2010 is an action alleging offence u/s.138 of Negotiable Instruments Act. A perusal of the petition reveals that the only contention is that the respondent/complainant has moved a civil action for recovery of amount due and the amount has been repaid. Both the contentions are to be raised at the trial and it is for the trial Court to consider the same on merits.
The Criminal Original Petition shall stand dismissed. The Court below is directed to dispose of C.C.No.11166 of 2010 on the file of learned IX Metropolitan Magistrate, Saidapet, within a period of three months from the date of receipt of this order. Connected miscellaneous petitions are closed.
20.06.2017 Index:Yes/No Internet:Yes/No bri/gmd To The IX Metropolitan Magistrate, Saidapet.
C.T.SELVAM, J., bri/gmd Crl.O.P.No.2908 of 2012 20.06.2017