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TMI Blog2022 (2) TMI 1162X X X X Extracts X X X X X X X X Extracts X X X X ..... uninfluenced by the above observations may decide the case on merits accordingly. Finding that the case is kept pending for a long time, the trial Court is directed to complete the trial within a period of three months from the date of receipt of a copy of this order - Petition dismissed. - CRL.O.P.No.2449 of 2018 & CRL.M.P.No.990 of 2018 - - - Dated:- 17-2-2022 - M. Nirmal Kumar , J. For the Appellant : Pushpakaran For the Respondents : V. Regunathan ORDER This Criminal Original petition has been filed to call for the records and quash the private complaint filed in S.T.C. No. 606 of 2017, pending on the file of Judicial Magistrate Fast Track Court No. I, Erode. 2. This Court on 07.02.2022, in Crl. O.P. No. 2449 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rging of any liability. The admitted liability is only ₹ 8,50,991/- and the cheque impugned in the case is for a sum of ₹ 12,50,991/-. Hence complaint not maintainable and prayed for quashing. 4. In view of the same, the cheque can be drawn for discharge of liability either in full or in part. In support of his contention, the learned counsel for the petitioner relied upon the decision of Angu Parameswari Textiles (P.) Vs. Sri Rajam Co. of this Court on 24.1.2021. 5. The learned counsel for the respondent submits that he seeks small accommodation to file his counter. 6. Post this matter on 14.02.2022. 3. In continuation to the order passed by this Court on 07.02.2022, in Crl. O.P. No. 2449 of 2018, the prim ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion and referring to the judgments of Kishan Rao Vs. Shankargouda, Kumar Exports Vs. Sharma Carpets and Rangappa Vs. Sri Mohan, which had crystallized and submitted that as far as that case is concerned, the evidence of one of the primary witnesses has not been challenged by way of cross examination and likewise, handing over of the cheque has not been denied. Further, the signature is not disputed. Considering all these points, the defence is taken as though the cheque is misplaced. In that case, the Hon'ble Apex Court had set aside the order and held as follows:- 8. Learned Trial Court dismissed the complaint for the reason that cheque amount was more that the amount alleged on the due date when cheque was presented. Therefore, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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