D.Sankar vs M.Elumalai
2021 Latest Caselaw 9073 Mad

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                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED : 01.04.2021

                                                          CORAM

                           THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

                                                Crl.O.P.No.6163 of 2021


                D.Sankar                                                              ... Petitioner


                                                           Vs.



                M.Elumalai                                                          ... Respondent




                Prayer: This Criminal Original Petition filed under Section 482 of Cr.P.C.,
                to call for the records pending on the file of the learned District Munsif
                cum Judicial Magistrate, Ranipet, STC No.712 of 2019 and quash the
                said criminal proceeding.




                                   For Petitioner                : Mr.V.Parthiban




https://www.mhc.tn.gov.in/judis/
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                                                            ORDER

This criminal original petition has been filed challenging the

proceedings initiated by the respondent against the petitioner under

Section 138 of Negotiable Instruments Act.

2. The grounds raised by the counsel for the petitioner are all

factual in nature and it requires appreciation of evidence and this Court

cannot decide the same in exercise of its jurisdiction under Section 482

of Criminal Procedure Code. It is left open to the petitioner to raise all

the grounds before the Court below and the same shall be considered

on its own merits and in accordance with law. This Court is not inclined

to interfere with the proceedings pending before the Court below.

3. The learned counsel for the petitioner requested this

Court to dispense with the presence of the petitioner. Taking into

consideration, the facts and circumstances of the case, the presence of

the petitioner is dispensed with and he shall be represented by a

counsel, who shall cross examine the witnesses on the same day, they

are examined in Chief. The petitioner shall be present before the Court https://www.mhc.tn.gov.in/judis/

below at the time of questioning under Section 313 Cr.P.C and at the

time of passing of the final judgment.

4. Accordingly, this Criminal Original Petition is disposed of

with a direction to the Court below to complete the proceedings in

STC.No.712of 2019, on the file of the Court of the District Munsif cum

Judicial Magistrate, Ranipet within a period of three months from the

date of receipt of a copy of this order.

01.04.2021

Internet:Yes Index :Yes/No KP

To District Munsif cum Judicial Magistrate Court, Ranipet.

N.ANAND VENKATESH,J.

https://www.mhc.tn.gov.in/judis/

KP

Crl.O.P.No.6163 of 2021

01.04.2021

https://www.mhc.tn.gov.in/judis/