Annarani Vs Jawahar

Annarani vs Jawahar

Type Court Judgment Court Chennai Orders Decided Mar 30, 2026

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https://sooperkanoon.com/case/1593564

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Citation: sooperkanoon.com/1593564
Court: Chennai Orders High Court
Judge: Honourable Mr Justice R.Vijayakumar
Decided On: Mar 30, 2026
Case Number: CRL OP(MD)/6221/2026

Parties & Advocates

Appellant / Petitioner

Annarani

Respondent

Jawahar

Excerpt

before the madurai bench of madras high court dated: 30.03.2026coram:the honourable mr.justice r.vijayakumar and crl.m.p(md)nos.6728 and 6730 of 2026 annarani .. petitioner - vs. - jawahar .. respondent prayer :to call for the records in stc no.105/2026 on the file of the learned judicial magistrate no.i, ramanathapuram district and quash the same. for petitioner : mr.c.senthil muruganorderthe present criminal original petition has been filed by the petitioner/sole accused in stc no.105/2026 on the file of the learned judicial magistrate no.i, ramanathapuram district, seeking to quash the charge sheet wherein the petitioner has been charged for the offence under section 138 of the negotiable instruments act.2. according to the learned counsel for the petitioner, the petitionerand the defacto complainant are partners in a business and therefore, the provisions of ni act could not be attracted. according to him, cheque was not issued for a legally enforceable debt.3. heard the learned counsel appearing for the petitioner and perused the records.4. whether the cheque was issued for legally enforceable debt ornot is the subject matter of trial. therefore, the said issue cannot be decided in the quash proceedings. in view of the said fact, this criminal original petition stands dismissed. consequently, crl.m.p(md)no.6728 of 2026 is closed.5. the personal appearance of the petitioner in stc no.105/2026on the file of the learned judicial magistrate no.i, ramanathapuram district, shall stand dispensed with unless it is specifically directed by the trial court. accordingly, crl.m.p(md)nos.6730 of 2026 is ordered. index : yes / no internet : yes / no ncc :yes/no pjl to the judicial magistrate no.i, ramanathapuram district.r.vijayakumar, j.pjl

Full Judgment

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.03.2026
CORAM:
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR and Crl.M.P(MD)Nos.6728 and 6730 of 2026 Annarani .. Petitioner - Vs. - Jawahar .. Respondent Prayer :To call for the records in STC No.105/2026 on the file of the learned Judicial Magistrate No.I, Ramanathapuram District and quash the same. For Petitioner : Mr.C.Senthil Murugan

ORDER

The present criminal original petition has been filed by the petitioner/sole accused in STC No.105/2026 on the file of the learned Judicial Magistrate No.I, Ramanathapuram District, seeking to quash the charge sheet wherein the petitioner has been charged for the offence under Section 138 of the Negotiable Instruments Act.

2. According to the learned counsel for the petitioner, the petitioner

and the defacto complainant are partners in a business and therefore, the provisions of NI Act could not be attracted. According to him, cheque was not issued for a legally enforceable debt.

3. Heard the learned counsel appearing for the petitioner and perused the records.

4. Whether the cheque was issued for legally enforceable debt or

not is the subject matter of trial. Therefore, the said issue cannot be decided in the quash proceedings. In view of the said fact, this Criminal Original Petition stands dismissed. Consequently, Crl.M.P(MD)No.6728 of 2026 is closed.

5. The personal appearance of the petitioner in STC No.105/2026

on the file of the learned Judicial Magistrate No.I, Ramanathapuram District, shall stand dispensed with unless it is specifically directed by the trial Court. Accordingly, Crl.M.P(MD)Nos.6730 of 2026 is ordered. Index : Yes / No Internet : Yes / No NCC :Yes/No PJL To The Judicial Magistrate No.I, Ramanathapuram District.

R.VIJAYAKUMAR, J.

PJL

Same Court & Year Chennai Orders · 2026 Same Parties Annarani vs Jawahar Same Judge Honourable Mr Justice R.Vijayakumar