K.Lakshmipathi vs K.Kannan
2021 Latest Caselaw 24630 Mad

                                                                            Crl.O.P(MD)No.19843 of 2021


                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                     DATED : 14.12.2021

                                                          CORAM :

                            THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

                                               Crl.O.P(MD)No.19843 of 2021
                                                           and
                                          Crl.M.P.(MD)Nos.11167 and 11168 of 2021

                     K.Lakshmipathi                                         ... Petitioner

                                                             Vs.

                     K.Kannan                                               ... Respondent


                     Prayer: This Criminal Original Petition is filed under Section 482 of

                     Cr.P.C., to call for the records in connection with the impugned

                     complaint in S.T.C.No.55 of 2011 on the file of the Judicial Magistrate,

                     Fast Track Court, Kovilpatti and quash the same.



                                        For Petitioner    : Mr.G.Srinivasaragavan

                                                         ORDER

Heard the learned counsel for the petitioner. Considering the

nature of relief to be granted, issuance notice to the respondent is

dispensed with.

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Crl.O.P(MD)No.19843 of 2021

2.The petitioner and the respondent herein are brothers. The

respondent has filed S.T.C.No.55 of 2011 on the file of Judicial

Magistrate, Fast Track Court, Kovilpatti for the offence under Section

138 of Negotiable Instruments Act.

3.The learned counsel for the petitioner reiterated all the

contentions set out in the memorandum of grounds. They are quite

persuasive. However, the fact is that they will have to be established only

before the Court below. Under Section 482 of CrPC, I cannot go into

those contentions.

4.Leaving open the petitioner's defences, this criminal original

petition is dismissed. However, taking into account the overall facts and

circumstances, the personal appearance of the petitioner before the Court

below is dispensed with. However, the Court below will insist on the

personal appearance of the petitioner only on three occasions namely, to

answer the charge, for examination under Section 313 of CrPC and at the

time of pronouncing Judgment. On all other occasions, the petitioner

need not appear before the Court below. However, on those occasions,

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

Crl.O.P(MD)No.19843 of 2021

the petitioner will have to be represented by his counsel. If the

petitioner's counsel is also absent, the benefit of dispensing with the

personal appearance of the petitioner will stand automatically vacated.

consequently, connected miscellaneous petitions are closed.

14.12.2021

Index :Yes/No Internet : Yes/No ias

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, Fast Track Court, Kovilpatti.

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

Crl.O.P(MD)No.19843 of 2021

G.R.SWAMINATHAN, J.

ias

Crl.O.P(MD)No.19843 of 2021

14.12.2021

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