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ITEM NO.17 COURT NO.6 SECTION II-C
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s). 16037/2023
(Arising out of impugned final judgment and order dated 10-10-2023 in CRLOP No. 23236/2023 passed by the High Court Of Judicature At Madras)
ARAVINTH & ANR. Petitioner(s)
VERSUS
STATE OF TAMIL NADU Respondent(s)
IA No. 257328/2023 – EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT AND IA No. 257329/2023 – EXEMPTION FROM FILING O.T.)

Date : 07-02-2024 These matters were called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE HRISHIKESH ROY
HON’BLE MR. JUSTICE PRASHANT KUMAR MISHRA
For Petitioner(s) Mr. C.R.Jaya Sukin, Adv.
Ms. Smita Pandey, Adv.
Ms. Deepmala, Adv.
Mr. Ram Narayan Mohanty, Adv.
Mr. A.Balaji, Adv.
Mr. Narender Kumar Verma, AOR

For Respondent(s) Mr. D. Kumanan, AOR

UPON hearing the counsel the Court made the following
O R D E R
Heard Mr. C.R.Jaya Sukin, the learned counsel appearing for the petitioners. The respondent-State of Tamil Nadu is represented by Mr. D. Kumanan, the learned counsel.
2. Notice in the matter was issued on 14.12.2023 with the following order, which reads as hereunder;
Heard Mr. C.R.Jaya Sukin, the learned counsel appearing for the petitioners. The counsel would submit that here the petitioner no.2 had lent rupees three laks to the complainant-Rajendra and, Rajendra, in turn gave a cheque of Rupees Three Lakhs. When the petitioner no.2- Lakshminarayanan deposited the cheque, same was returned by the Bank on 23.06.2023 for insufficient fund in the account. Then Petitioner no.2- Lakshminarayanan issued a notice on 05.07.2023 under Section 138 of the Negotiable Instruments Act, 1881 to Rajendra. Immediately thereafter, as a counter blast, Rajendra has lodged the FIR 334/2023 making false allegation against the petitioners.

Issue notice, returnable in four weeks.
In the meantime, the petitioners are protected from arrest in connection with the case arising out of FIR No.334/2023.

3. Referring to the arrest protection order dated 14.12.2023, the petitioners� counsel would submit that they have appeared before the Investigating Officer and co-operated with the investigation.

4. No contrary information to above is available with the learned counsel representing the State of Tamil Nadu.

5. Having considered the circumstances here, we deem it appropriate to say that if, the Police wish to arrest the petitioners, upon furnishing bail bond of Rs.20,000/- each, to the satisfaction of the Arresting Officer, the petitioners ( Aravinth and Lakshminarayanan
alias Vinoth), shall be released on bail.

6. With the above order, the special leave petition is disposed of
along with the pending application(s), if any,
(NISHA KHULBEY) (KAMLESH RAWAT)
SENIOR PERSONAL ASSISTANT ASSISTANT REGISTRAR