Madras High Court

CRL OP/9962/2026 of T.P. Gnanasundaram Vs A. Senthilkumar on 15 October 2026

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CRL OP No. 9962 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15-10-2026

CORAM

THE HON'BLE MR JUSTICE G.K. ILANTHIRAIYAN

CRL OP No. 9962 of 2026

and Crl.M.P.No.7111 of 2026

CNR: {HCMA010713542026}

T.P. Gnanasundaram

S/o. Palani,

No.10/21, Nachimuthu Layout,

Karumaram Palayam, Mannarai (PO),

Tiruppur-641607.

..Petitioner(s)

Vs

A. Senthilkumar

S/o. Appukutti,

No.138/166, Kumalan Kuttai,

Veerappan Chatram,

Erode-638011.

..Respondent(s)

PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, To call for the entire records in S.T.C. No.92 of 2022 pending on the file of the Judicial Magistrate, Fast Track Court No.I, Erode and quash the same insofar as the petitioner/Accused No.3 is concerned and thus render justice.

For Petitioner(s):

M/s. B. Balaji

For Respondent(s):

Ms.Amala Ananthi

*********

CRL OP No. 9962 of 2026

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ORDER

This petition has been filed to quash the proceedings in S.T.C.No.92 of 2022 pending on the file of Judicial Magistrate, Fast Track Court No.I, Erode thereby taken cognizance for the offence under Section 138 of Negotiable Instruments Act.

2. Heard the learned counsel appearing on either side and perused the materials placed on record.

3. It is seen that there are totally four accused in which the first accused is a partnership firm and the Accused Nos.2 to 4 are partners. The accused borrowed a sum of Rs.7,00,000/- for their business purpose. In order to repay the said loan amount the Accused Nos.2 to 4 issued two postdated cheques for the said sum and the same were presented for collection. However, both the cheques were returned for the reason "Funds Insufficient". After issuance of statutory notice, the respondent filed the complaint and the same was taken cognizance by the trial Court in S.T.C.No.92 of 2022.

4. Insofar as, the petitioner is concerned he has been implicated as Accused No.3 only for the reason that he was the father of first accused. On perusal of the partnership deed dated 24.10.2019, and on perusal of the GST

CRL OP No. 9962 of 2026

registration certificate also shows that the A2 and A4 are the partners of the first accused partnership firm. Further on perusal of the entire complaint it does not contain any specific overt act as against the petitioner. The respondent did not even whispered about the petitioner, whether the petitioner was in charge of the A1 partnership firm and whether he was responsible for the conduct of the business of the first accused partnership firm. In these circumstances, the impugned proceedings as against petitioner cannot be sustained and liable to be quashed.

5. In view of the above, the proceedings in S.T.C. No.92 of 2022 pending on the file of the Judicial Magistrate, Fast Track Court No.I, Erode is quashed. This Criminal Original Petition is allowed. Consequently, the connected criminal miscellaneous petition is closed. 15-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No RNA To The learned Judicial Magistrate, Fast Track Court No.I, Erode.

CRL OP No. 9962 of 2026

G.K.ILANTHIRAIYAN, J. RNA CRL OP No. 9962 of 2026 and Crl.M.P.No.7111 of 2026 15-10-2026

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