This Criminal Original Petition has been filed to quash the proceedings in S.T.C.No.932 of 2015 on the file of the Judicial Magistrate, Udhagamandalam, The Nilgiris District.
2. It is seen that the petitioner approached this Court earlier by way of filing a petition in Crl.O.P.No.2057 of 2016 relating to the same prayer as prayed for in the present Criminal Original Petition, and this Court has passed an order on 18.02.2016 by observing as follows:
“4.It is well settled principles of law that once the issuance of cheque and signature are admitted, the respondent/ complainant is entitled to invoke the presumption under Sections 118 and 139 of the Negotiable Instruments Act. Even though it is only a rebuttable presumption, that has to be rebutted by the accused with preponderance of probabilities either by examination of independent witness or cross-examination by the prosecution witness. But, the said dictum cannot be decided in the petition filed for quash. So, I am of the view that the question as to whether the cheque has been issued for discharging legally enforceable debt or to carry out the contract has to be decided only after let in oral and documentary evidence. Therefore, it is not a fit case to quash the proceedings at this stage and hence, this Criminal Original Petition is liable to be dismissed and accordingly, it is dismissed.”
3. This Court had also directed the learned Judicial Magistrate, Udhagamandalam, The Nilgiris District, to dispose of the case in S.T.C. No.932 of 2015, within a period of six months from the date of receipt of a copy of the order. A direction was also given to consider the application if any, filed by the petitioner for dispensing with her personal appearance, in accordance with law.
4. While the things stood thus, the present petition has been filed after a period of 10 months with the same prayer, without adducing any proper reasons except saying that there is a civil suit pending in O.S.No.255 of 2015 pending on the file of the Sub-Court, The Nilgiris District and pending disposal of the same, the case in S.T.C.No.932 of 2015 shall not be proceeded with. Such a prayer cannot be countenanced at all, since already a direction was issued by this Court to the learned Judicial Magistrate, Udhagamandalam, The Nilgiris District, to dispose of the case in S.T.C. No.932 of 2015, within a specified time frame. The said order has to be complied with by the learned Magistrate in letter and spirit. Therefore, this Criminal Original Petition is dismissed, directing the learned Judicial Magistrate, Udhagamandalam, The Nilgiris District, to dispose of the case in S.T.C. No.932 of 2015, within a period of three months from the date of receipt of a copy of this order. Consequently, the connected miscellaneous petitions are closed.
Index : Yes/No 17.03.2017 Internet : Yes/No KM R.MAHADEVAN, J.
KM To
1. The Judicial Magistrate, Udhagamandalam, The Nilgiris District.
2. The Public Prosecutor, Madras High Court, Chennai-600 104.
Crl.O.P.No.135 of 2017 Crl.M.P.Nos.96 and 97 of 2017 17.03.2017