Madras High Court
S.Kannan vs R.Edwin Joshua on 20 December, 2021
Crl.O.P.(MD)No.14742 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 20.12.2021
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
Crl.O.P.(MD)No.14742 of 2021
and
Crl.M.P.(MD)Nos.7814 & 7815 of 2021
S.kannan ... Petitioner/
Accused
Vs.
R.Edwin Joshua ... Respondent/
Complainant
Prayer : Criminal Original Petition is filed under Section 482 Cr.P.C., to call
for records pertaining to S.T.C.No.113 of 2021 pending on the file of the
learned Judicial Magistrate F.T.C.No.II, Madurai and quash the same.
For Petitioner : Mr.D.Selvanayagam
For Respondent : Mrs.A.S.Shangeetha
ORDER
Heard the learned counsel appearing for the petitioner and the learned
counsel appearing for the respondent.
2. The petitioner is facing a trial in S.T.C.No.113 of 2021 on the file of
learned Judicial Magistrate (Fast Track Court) No.II, Madurai. It is a private
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.14742 of 2021
complaint instituted by the respondent for the offence under Section 138 of
Negotiable Instrument Act.
3. The learned counsel appearing for the petitioner reiterated all the
contentions set out in the memorandum of grounds.
4. While considering the quash petition, it may not be open to this Court
to go into those factual aspects. The petitioner has to necessarily prove his
innocence only before the Court below. The learned counsel appearing for the
petitioner relied on the order dated 02.03.2021 made in Crl.O.P.(MD)No.1907
of 2021. A learned Judge of this Court had directed the complainant to produce
the Income Tax returns for the relevant period. I note that the said order was
not passed in a quash petition. When a Memo was filed by the accused to
direct the complainant to produce the salary slip issued for every month and
also Income Tax returns, the trial Court allowed the memo by passing an order
to that effect and directed the complainant to produce the documents.
Challenging the said order, that Criminal Original Petition was filed before this
Court. In that proceedings, the order mentioned by the petitioner's counsel was
passed. Therefore, the said decision has no direct application to the case on
hand. Accordingly, this Criminal Original Petition stands dismissed. The
petitioner's remedies and rights are left open.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.14742 of 2021
5.Taking into consideration the facts and circumstances of the case, the
personal appearance of the petitioner before the Court below shall stand
dispensed with. The Court below will insist on the personal appearance of the
petitioner only on three occasions namely, to answer the charges, examination
under Section 313 of Cr.P.C., and at the time of pronouncing Judgment. On all
other occasions, the petitioner need not appear before the Court below.
However, on those occasions, the petitioner will have to be represented by his
counsel. If the petitioner's counsel is also absent, the benefit of dispensing the
personal appearance of the petitioner will stand automatically vacated.
Consequently, connected miscellaneous petitions are closed.
20.12.2021
Index : Yes / No
Internet : Yes/ No
mga
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.Judicial Magistrate F.T.C.No.II,
Madurai.
2.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.14742 of 2021
G.R.SWAMINATHAN, J.
mga
Crl.O.P.(MD)No.14742 of 2021
and
Crl.M.P.(MD)Nos.7814 & 7815 of 2021
20.12.2021
https://www.mhc.tn.gov.in/judis
