Madras High Court

CRL OP(MD)/24921/2026 of N.Valarmathi Vs J.Bharathi Jeeva on 2 November 2026

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CRL OP(MD) No. 24921 of 2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 02-11-2026

CORAM

THE HON'BLE MR. JUSTICE R.VIJAYAKUMAR

CRL OP(MD) No. 24921 of 2026

and

CRL MP(MD)Nos.23253 and 23254 of 2026

CNR:{HCMD011292872026}

N.Valarmathi

W/o. Thirumalai,

No.3, Karur Main Road,

Velayuthampalayam,

Pugalur Taluk, Karur-639 117.

..Petitioner(s)

Vs

J.Bharathi Jeeva

S/o. S.Jeevagan,

No.5/7, KSN Rice Mill Street,

Kadaiveethi,

Velayuthampalayam,

Pugalur Taluk, Karur-639 117.

..Respondent(s)

PRAYER: This Petition filed under Section 528 of BNSS to call for the records relating to S.T.C.No. 398 of 2023 on the file of the Learned Fast Track at Magistrate Level, Karur and to quash the said proceedings as against the petitioners.

For Petitioner(s)

:Mr. J. Sivaram

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ORDER

This Criminal Original Petition has been filed by the accused in S.T.C.No.398 of 2023 on the file of the learned Fast Track at Magistrate

CRL OP(MD) No. 24921 of 2026 Level, Karur, seeking to quash the complaint, which has been initiated under Sections 138 and 142 of Negotiable Instruments Act.

2. According to the learned counsel appearing for the petitioner, the petitioner has not issued the cheque and the cheque has been misused by the complainant. Therefore, the petitioner is alleged to have sent a complaint to the banking ombudsman.

3. Heard the learned counsel appearing for the petitioner and perused the materials available on record.

4. As could be seen from the contention, it is clear that the defence of the petitioner is that she has not issued the cheque and the same has been misused by the complainant. This defence could be raised only during the trial and the same cannot be a subject matter of this quash petition.

5. Considering the age of the petitioner, her personal appearance before the trial Court shall stand dispensed with, except when the trial Court specifically directs the petitioner to appear.

CRL OP(MD) No. 24921 of 2026

6. In such view of the matter, reserving the right of the petitioner to raise all the grounds before the trial Court, this Criminal Original Petition is dismissed. Consequently, connected miscellaneous petitions are closed.

02-11-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No YUVA To

1. The Fast Track at Magistrate Level, Karur

2. The Additional Public Prosecutor Madurai Bench of Madras High Court Madurai

CRL OP(MD) No. 24921 of 2026 R.VIJAYAKUMAR, J. YUVA CRL OP(MD) No. 24921 of 2026 02-11-2026

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