Abiramam K Murugan vs M.Arunkumar
2021 Latest Caselaw 23588 Mad

                        BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              DATED : 01.12.2021

                                                   CORAM

                             THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

                                         Crl O.P.(MD)No.18705 of 2021
                                                       &
                                    Crl MP(MD)Nos.10356 & 10358 of 2021


                Abiramam K Murugan                                     ... Petitioner
                (mistakenly mentioned the name
                of the petitioner/accused as K.Murugan)


                                                     Vs.


                M.Arunkumar                                           ... Respondent




                Prayer : Criminal Original Petition filed under Section 482 of Cr.P.C.,
                to call for the records relating to STC No.290 of 2021 pending on the
                file of the Judicial Magistrate No.I, (FTC Magisterial Level), Madurai
                and to quash the said proceedings as against the petitioner herein.




                                  For Petitioner     : Mr.S.Saravanakumar




                                                    ORDER

This criminal original petition has been filed to quash the https://www.mhc.tn.gov.in/judis

impugned proceedings in STC No.290 of 2021 on the file of the

Judicial Magistrate No.I, (Fast Track Court, Magistraterial level)

Madurai. The respondent herein had filed the impugned private

complaint under Section 138 of the Negotiable Instruments Act. The

learned counsel for the petitioner states that there is no enforceable

liability and that the impugned complaint is not maintainable. He

would further state that the complainant has not at all established the

so called transaction said to have taken place between himself and the

petitioner herein. The learned counsel reiterated all the contentions

set out in the memorandum of grounds and wanted this Court to

quash the impugned proceedings.

2.However, I am not persuaded by the same. This is because

the issue of enforceable liability is purely factual in nature and the

petitioner necessarily will have to establish his defence only in a

regular trial. While exercising power under Section 482 of Cr.Pc, I

cannot go into such contentious issues. Leaving open all the

contentions and defences of the petitioner, this criminal original

petition stands dismissed. Connected miscellaneous petitions are also

dismissed.

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

3.The petitioner's personal appearance before the court below is

dispensed with. The trial judge shall not insist on his personal

appearance unless it is necessary or imperative. Of course, the

petitioner has to appear on those occasions, namely, to answer the

charges, examination under Section 313 of Cr.Pc and on the day of

pronouncement of judgment. On all other occasions, the petitioner

has to be represented by his counsel. If his counsel also fails to

appear, the benefit of this order will automatically stand vacated.

                                                                       01.12.2021

                Index             : Yes / No
                Internet          : Yes/ No
                skm

Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To

1.1.The Judicial Magistrate No.I, (FTC Magisterial Level), Madurai.

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

G.R.SWAMINATHAN, J.

skm

Crl O.P.(MD)No.18705 of 2021

01.12.2021

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