SANKAR Vs. SHIEK ANSAR

JUDGEMENT

(1.) This petition has been filed to call for the records in C.C. No.132 of 2019 on the file of the Judicial Magistrate Kallakuruchi and quash the proceedings initiated under Sec. 138 of Negotiable Instruments Act.

(2.) The only ground raised by the learned counsel for the petitioner is that the cheque was dated in the year 2018 for the debt issued in the year 2013. Therefore, it is the contention of the petitioner that the time barred claim is not a legally enforceable debt. In support of his contention, the learned counsel relied upon the judgment of this Court in 2019 STPL 9359 Madras in Crl.O.P.No.17803 of 2014 dtd. 7/3/2019 in Insulation House., Rep. by Meenakshi Davey and others v. Pramod Kumar Daga.

(3.) The learned single Judge who has passed the above judgment relying upon the other judgment of this Court in Sama Dharman and Another vs. S. Natarajan in Crl.O.P.(MD) No.3824 of 2012 dtd. 25/7/2012. It is also relevant to note that challenging the above order an appeal was filed before the Honourable Apex Court. The Honourable Apex Court in S. Natarajan vs. Sama Dharman and another [(2021) 6 SCC 413] allowed the appeal and set aside the Judgment. Therefore, the judgment in Crl.O.P.No.17803 of 2014 (supra) is no longer good law.