Hakkim v. State Rp.By, the Inspector of Policem

ORDER This Criminal Original Petition has been filed to quash the Final Report and all further proceedings in C.C.No.1287 of 2022 on the file of the Judicial Magistrate - VII, Coimbatore.

¶2The gist of the allegations in the instant case is that the Petitioners, being the accused, had borrowed money on various dates from the defacto complainant and in repayment thereof, they issued a cheque for a total sum of Rs.3,20,000/-, and the same being presented for collection, returned dishonoured.

¶3The contention of the learned counsel for the Petitioners is that borrowal is of the year 2017, and the cheque was issued in the year 2020 and got dishonoured, almost 3 years after the dishonour of cheque, the present complaint was filed. Page2 of 5

¶4The learned counsel for the Petitioners further submits that the transaction is civil in nature and the period of loan transaction is also barred by limitation.

¶5I have considered the submissions made by the learned counsel for the Petitioners and the learned Government Advocate for the 1st Respondent.

¶6When it is not the case that separate proceedings under Section 138 of Negotiable Instruments Act have been taken, then it will be open for the

2nd Respondent to file a complaint under Section 420 of the Indian Penal Code. The pleadings made are factual in nature and are to be taken up only during the course of the Trial.

¶7At this juncture, the learned Counsel for the Petitioners submits that in view of the grave hardship invovled, the presence of the Petitioners before the Trial Court shall stand dispensed with. Considering the plea made, the personal appearance of the Petitioners before the Trial Court, except for the hearings that may be insisted upon by the Trial Court, shall stands dispensed with.

¶8In view thereof, the prayer in the Criminal Original Petition cannot be countenanced. Therefore, this Criminal Original Petition stands disposed of. Page3 of 5 Liberty is granted to the Petitioner to raise all the grounds during the course of the Trial. Consequently, connected Criminal Miscellaneous Petitions are closed. 06-07-2026 jas To

1.The Judicial Magistrate – VII, Coimbatore.

2.The Inspector of Police, Kuniyamuthur Police Station, Coimbatore City PS.

3.The Public Prosecutor, Madras High Court. Page4 of 5 CRLoOPoNo.o17236oofo2026 D.BHARATHAoCHAKRAVARTHY,oJ. jas Crl.O.P.No.o17236oofo2026 and Crl.M.P.Nos.11493oando11494oofo2026 06-07-2026 Page5oofo5

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 06-07-2026 CORAM THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Crl.O.P.No. 17236 of 2026 and Crl.M.P.Nos.11493 and 11494 of 2026 1.Hakkim S/o. Shakul, 23A, Thirumoorthy Nagar, Kuniyamuthur Post, Kuniyamuthur, Coimbatore, Tamil Nadu - 641 008. 2.Hashina W/o.Hakkim, 23A, Thirumoorthy Nagar, Kuniyamuthur Post, Kuniyamuthur, Coimbatore, Tamil Nadu - 641 008. ..Petitioner(s) Vs 1.State represented by The Inspector of Police, Kuniyamuthur Police Station, Coimbatore City PS. 2.Priya W/o. Udhaya, Door No.55, Sathya Nagar, P.K.Pudur, Kuniamuthur Post, Coimbatore. ..Respondent(s) Prayer: This Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records pertaining to the proceedings in CC.No.1287 of 2022, on the file of the Judicial Magistrate Page1 of 5 No.VII, Coimbatore, in pursuance of the First Information Report registered in Cr.No.1322 of 2020, on the file of the Respondent. For Petitioner(s): Mr.O.S.Thilak Pasumbadiyar For Respondent(s): Mr.M.Mohamed Riyaz Government Advocate (Criminal Side)