M.Devaki v. S.Krishna Kumar

ORDER This Criminal Original Petition has been filed to quash the complaint in S.T.C.No.7812 of 2024, on the file of the Learned Fast Track Court-V, Metropolitan Magistrate Level, Saidapet, Chennai.

#2. The contention of the petitioner is that he was a subscriber in a chit run by the respondent and he had paid substantial amount and balance amount to be paid is only Rs.1,19,000/-. It is his further contention that the cheque issued for security has been misused by the complainant. Hence, seeks to quash the complaint.

#3. At the outset, this Court is of the view that this petition itself is an abuse of process of law. When petitioner claims that he had paid the amount and pleads discharge, entire burden lies on him to prove the same. Once the petitioner had admitted issuance of cheque, presumption under section 139 of the Negotiable Instruments Act will be attracted and the entire burden lies on CRL OP No. 23433 of 2025 him to prove that there is no valid consideration passed. All these matters have to be seen only in the trial and not in a petition filed under section 482 Cr.P.C. Hence, I do not find any merits in this petition.

#4. Accordingly, this Criminal Original Petition is dismissed. 25-08-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No To

#1. The Metropolitan Magistrate, Fast Track Court V, Egmore, Chennai. CRL OP No. 23433 of 2025 N.SATHISH KUMAR J. CRL OP No. 23433 of 2025 25-08-2025