Santhadevi vs S.Vivekanandan
2021 Latest Caselaw 24408 Mad

                                                                  Crl.O.P.(MD)No.19593 of 2021

                      BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                   DATED: 10.12.2021

                                                      CORAM:

                         THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

                                          Crl.O.P(MD)No.19593 of 2021
                                                      and
                                     Crl.M.P.(MD)Nos.10938 & 10940 of 2021

                     Santhadevi                          ... Petitioner / Sole Accused



                                                          Vs

                     S.Vivekanandan                    ... Respondent / Defacto complainant

                     PRAYER: Petition filed under Section 482 Code of Criminal
                     Procedure, to call for the records in C.C.No.552 of 2018 on the file
                     of the learned Judicial Magistrate No.II, Dindigul and quash the
                     proceedings as against the petitioner.
                                  For Petitioner       : Mr.L.Prabhu


                                                    ORDER

Heard the learned counsel for the petitioner.

2. This Criminal Original Petition has been filed to quash

the impugned proceedings in C.C.No.552 of 2018 on the file of the

Judicial Magistrate No.II, Dindigul.

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.19593 of 2021

3. It is a private complaint instituted by the respondent

herein for the offence under Section 138 of the Negotiable

Instruments Act.

4. The learned counsel appearing for the petitioner

reiterated all the contentions set out in the memorandum of grounds.

He pointed out that even before filing the impugned complaint, the

petitioner has been implicated as an accused in Crime No.14 of 2018

registered on 21.06.2018 wherein the petitioner is figuring as the

first accused.

5. The learned counsel appearing for the petitioner took

me through the statement recorded under Section 161 of Cr.P.C. It

is pointed out that the version projected in the impugned complaint

is clearly improbable. He also would state that there is no

enforceable liability on the part of the petitioner herein. The

petitioner's counsel's contentions are no doubt persuasive and

attractive. But the forum to prove the same is before the trial Court.

The petitioner has to necessarily establish her innocence only in the

trial.

6.Consideration of the petitioner's counsel's contentions

would involve embarking a factual probe. Under Section 482 of

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.19593 of 2021

Cr.P.C., I cannot do so. Leaving open the petitioner's defences and

contentions, this Criminal Original Petition stands dismissed. The

petitioner is a lady aged about 55 years. She is already been

prosecuted in another case.

7. Taking note of the overall facts and circumstances, the

personal appearance of the petitioner before the court below is

dispensed with. The learned trial Magistrate shall insist on the

personal appearance of the petitioner only when it is absolutely

necessary and imperative. The petitioner shall be called upon to

appear in person before the trial Court at the time of answering the

charges and at the time of examination under Section 313 of Cr.P.C.,

and at the time of pronouncement of Judgment. On all other

occasions, the petitioner can be represented through her counsel.

Consequently, connected miscellaneous petitions are closed.

10.12.2021

Index:Yes/No Internet:Yes/No rmi

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.19593 of 2021

G.R.SWAMINATHAN, J.

rmi

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

The Judicial Magistrate No.II, Dindigul.

Crl.O.P(MD)No.19593 of 2021

10.12.2021

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