TMI Blog2022 (2) TMI 353X X X X Extracts X X X X X X X X Extracts X X X X ..... gal presumption. Though, there may not be any direct evidence to dislodge the presumption, even the circumstances can be brought on record by the drawer to prove the case before the trial Court. In such view of the matter, the disputed facts cannot be gone into at this stage while deciding the petition filed under Section 482 Crl.P.C. Petition dismissed. - Crl. O.P. No. 14297 of 2017 and Crl. M.P. No. 9091 of 2017 - - - Dated:- 25-1-2022 - N. Sathish Kumar, J. For the Appellant : M.K. Hidayatullah For the Respondents : Shanmugakani ORDER N. Sathish Kumar, J. 1. This petition has been filed to quash the charge sheet in C.C. No. 732 of 2017, pending on the file of the learned VII Metropolitan Magistrate Court, G ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... v. C. Manohar Vs. B.R. Poornima reported in 2004 Cr.L.J. Madras 4436 4. The learned Counsel appearing for the respondent would submit that the allegation that cheque was issued only towards legal fees cannot be decided at this stage. The allegation of the complaint clearly shows that one cheque was issued towards L.I.C. Policy and the other is for legal fees. These aspects have been clearly pleaded in the legal notice to the effect that the cheques have been given by the petitioner towards commission for the LIC policy and towards legal fees. That apart he also engaged a lawyer and paid fees to vacate the premises occupied by the tenants of the petitioner and the other factual aspects have not been pleaded in the notice. Therefore, sub ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nly on drawer of the cheque to dislodge the legal presumption. Though, there may not be any direct evidence to dislodge the presumption, even the circumstances can be brought on record by the drawer to prove the case before the trial Court. In such view of the matter, the disputed facts cannot be gone into at this stage while deciding the petition filed under Section 482 Crl.P.C. Hence, I do not find any merits in this petition and this petition is liable to be dismissed. 6. Accordingly, this Criminal Original Petition is dismissed. The Trial Court shall expedite the trial and dispose of the case as per law on merits. Consequently, the connected miscellaneous petition is closed. The accused is directed to appear before the trial Court wi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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