1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated :14-03-2011 CORAM The HONURABLE MR.JUSTICE R.S.RAMANATHAN Crl.O.P.(MD)No.3286 of 2011 and M.P.(MD)No.1 of 2011 S.Madhana Kumaran : Petitioner/Accused vs. Y.Devadhas : Respondent/complainant Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C. to call for the records in C.C.No.259 of 2010 on the file of the Judicial Magistrate No.1, Nagercoil and quash the same. For Petitioner : Mr.K.P.Narayana Kumar For Respondent : No Appearance O R D E R This petition is filed to quash the complaint filed by the respondent in C.C.No.259 of 2010, on the file of Judicial Magistrate No.1, Nagercoil. 2.It is submitted by the learned counsel appearing for the petitioner that a cheque was issued by the petitioner for security purpose and that was misused by the respondent and filed a private complaint, as if the petitioner has taken the amount mentioned in the cheque and he has failed to make the payment. 3.According to me, it is not disputed that the cheque was issued by the petitioner and it was dishonoured and after complying with the statutory requirements, a private complaint was filed by the respondent and therefore, the question whether the cheque was issued as a security or towards discharge for a legally payable debt can be considered only during the trial and the same cannot be considered at this stage. 4.Hence, this petition is dismissed. However, the petitioner is entitled to take all the defenses that may be available to him during the trial. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To, 1.The Judicial Magistrate No.1, Nagercoil. 2. -do-thro' The Chief Judicial Magistrate, Kanniyakumari at Nagercoil 3. The Section Officer, Crl.Section, Madurai Bench of Madras High Court, Madurai +1cc to Mr.K.P.Narayana Kumar, Advocate, Sr.No.6382 Crl.O.P.(MD)No.3286 of 2011 er/SMA/25.3.2011/5C/1P 14.03.2011 https://hcservices.ecourts.gov.in/hcservices/