Sharmila Banu vs Karuppasamy
2021 Latest Caselaw 25172 Mad

                                                                 Crl.O.P.(MD)No.20383 of 2021

                      BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED: 21.12.2021

                                                     CORAM:

                         THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

                                         Crl.O.P(MD)No.20383 of 2021
                                                     and
                                    Crl.M.P.(MD)Nos.11586 & 11587 of 2021

                     Sharmila Banu                             ... Petitioner / Accused



                                                         Vs

                     Karuppasamy                           ... Respondent / Complainant

                     PRAYER: Petition filed under Section 482 Code of Criminal
                     Procedure, to call for the records relating to the private complaint in
                     C.C.No.32 of 2021 on the file of the Judicial Magistrate,
                     Aruppukkottai and quash the same as illegal.


                                  For Petitioners     : Mr.Mr.J.Sulthan Basha
                                                      for M/s.Ajmal Associates
                                                    ORDER

This Criminal Original Petition has been filed to quash the

proceedings in C.C.No.32 of 2021 on the file of the Judicial

Magistrate, Aruppukkottai.

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.20383 of 2021

2. The petitioner is figuring as an accused. The case is for

the offence under Section 138 of the Negotiable Instruments Act.

The petitioner's counsel reiterated all the contentions set out in the

memorandum of grounds.

3. I am however unable to consider the same because of

their factual nature. Contentious facts cannot be gone into in

exercise of jurisdiction under Section 482 of Cr.P.C. Therefore, this

Criminal Original Petition is dismissed. All the contentions of the

petitioner are left open. The petitioner can raise them before the

trial court and the trial court shall consider the same on merits and in

accordance with law.

4. The petitioner is aged about 45 years. 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 answering the charges and at the time of

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.20383 of 2021

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.

21.12.2021

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, Aruppukkottai.

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.20383 of 2021

G.R.SWAMINATHAN, J.

rmi

Crl.O.P(MD)No.20383 of 2021

21.12.2021

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