Rajkumar vs Jeyaseelan
2021 Latest Caselaw 24742 Mad

                                                                  Crl.O.P.(MD)No.19925 of 2021

                      BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                   DATED: 15.12.2021

                                                      CORAM:

                         THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

                                          Crl.O.P(MD)No.19925 of 2021
                                                      and
                                     Crl.M.P.(MD)Nos.11226 & 11229 of 2021


                     Rajkumar                                               ... Petitioner



                                                         Vs

                     Jeyaseelan                                           ... Respondent

                     PRAYER: Petition filed under Section 482 Code of Criminal
                     Procedure, to call for the records related to the case in S.T.C.No.52
                     of 2021 on the file of the learned Judicial Magistrate Court No.II,
                     Usilampatti, Madurai District and quash the same.


                                  For Petitioner       : Mr.R.Babu Jaganath
                                                       ORDER

Heard the learned counsel for the petitioner.

2. This Criminal Original Petition has been filed to quash

the proceedings in S.T.C.No.52 of 2021 on the file of the Judicial

Magistrate No.II, Usilampatti, Madurai District.

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.19925 of 2021

3. The petitioner is facing trial for the offences under

Sections 138 & 142 of Negotiable Instruments Act r/w Section 200

of Cr.P.C.

4. The learned counsel for the petitioner reiterated all the

contentions set out in the memorandum of grounds.

5. I am not persuaded by the same. Consideration of the

petitioner's counsel's contentions would necessarily involve

undertaking a factual probe. In exercise of jurisdiction under

Section 482 of Cr.P.C., I cannot do so. Leaving open the petitioner's

contentions and defences, this Criminal Original Petition is

dismissed.

6.However, 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

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.19925 of 2021

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 his

counsel. Consequently, connected miscellaneous petitions are

closed.

15.12.2021

Index:Yes/No Internet:Yes/No 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 Court No.II, Usilampatti, Madurai District.

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.19925 of 2021

G.R.SWAMINATHAN, J.

rmi

Crl.O.P(MD)No.19925 of 2021

15.12.2021

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