Madras High Court
V.Munieswaran vs M/S.Maheswari Motor Finance on 22 December, 2021
Crl.O.P.(MD)Nos.2195, 2214 and 2581of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 22.12.2021
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
Crl.O.P.(MD)Nos.2195, 2214 & 2581 of 2021
and
Crl.M.P.(MD)Nos.1083, 1094 & 1357 of 2021
Crl.O.P.(MD)No.2195 of 2021:
V.Munieswaran ... Petitioner/
Accused
Vs.
M/s.Maheswari Motor Finance,
Represented by its Partner,
R.Prabakaran,
Door No.253B-Jawahar Bazar,
2nd Floor, Karur Town,
Karur Taluk,
Karur District. ... Respondent/
Complainant
Prayer : Criminal Original Petition is filed under Section 482 Cr.P.C., to call
for the records pertaining to the S.T.C.No.468 of 2020 on the file of the
Learned Judicial Magistrate Fast Track Court, Karur, and quash the proceedings
as against the Petitioner herein.
For Petitioner : Mrs.A.S.Shangeetha
For Respondent : Mr.V.Sukumar
https://www.mhc.tn.gov.in/judis
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Crl.O.P.(MD)Nos.2195, 2214 and 2581of 2021
Crl.O.P.(MD)No.2214 of 2021:
V.Munieswaran ... Petitioner/
Accused
Vs.
M/s.Sri Devi Meenakshi Finance,
Represented by its Partner R.Prabakaran,
Door No.253B-Jawahar Bazar,
2nd Floor, Karur Town, Karur Taluk,
Karur District. ... Respondent/
Complainant
Prayer : Criminal Original Petition is filed under Section 482 Cr.P.C., to call
for the records pertaining to the S.T.C.No.470 of 2020 on the file of the
Learned Judicial Magistrate Fast Track Court, Karur, and quash the proceedings
as against the Petitioner herein.
For Petitioner : Mrs.A.S.Shangeetha
For Respondent : Mr.V.Sukumar
Crl.O.P.(MD)No.2581 of 2021:
V.Munieswaran ... Petitioner/
Accused
Vs.
M/s.Sivalaya Motor Finance,
Represented by its Partner R.Prabakaran,
Door No.253B-Jawahar Bazar,
2nd Floor, Karur Town,
Karur Taluk,
Karur District. ... Respondent/
Complainant
Prayer : Criminal Original Petition is filed under Section 482 Cr.P.C., to call
https://www.mhc.tn.gov.in/judis
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Crl.O.P.(MD)Nos.2195, 2214 and 2581of 2021
for the records pertaining to the S.T.C.No.469 of 2020 on the file of the
Learned Judicial Magistrate Fast Track Court, Karur, and quash the proceedings
as against the Petitioner herein.
For Petitioner : Mrs.A.S.Shangeetha
For Respondent : Mr.V.Sukumar
COMMON ORDER
These Criminal Original Petitions have been filed to quash the
impugned private complaints which have been instituted for the offence under
Section 138 of Negotiable Instruments Act. The learned counsel appearing for
the petitioner reiterated all the contentions set out in the memorandum of
grounds. According to her, the cheques given for security purpose were
misused.
2. I am not persuaded by the said submission. Consideration of the
petitioner's counsel's contentions would necessarily involve embarking on a
factual probe and analysis. Under Section 482 Cr.P.C, I cannot do so. These
Criminal Original Petitions are dismissed. All the defences of the petitioner are
left open.
3. However, taking note of the overall facts and circumstances, the
personal appearance of the petitioner before the court below is dispensed with.
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Crl.O.P.(MD)Nos.2195, 2214 and 2581of 2021
The learned trial Magistrate shall insist on the personal appearance of the
petitioners 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 his counsel. If the counsel also fails to
appear, the benefit of this order will stand vacated. Consequently, connected
miscellaneous petitions are closed.
22.12.2021
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.The Judicial Magistrate Fast Track Court,
Karur.
2.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
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Crl.O.P.(MD)Nos.2195, 2214 and 2581of 2021
G.R.SWAMINATHAN, J.
mga
Crl.O.P.(MD)Nos.2195, 2214 & 2581 of 2021
and
Crl.M.P.(MD)Nos.1083, 1094 & 1357 of 2021
22.12.2021
https://www.mhc.tn.gov.in/judis
