Madras High Court
Mr.Subramani Kannan vs Mr.Darius Minoo Belgamvala on 4 February, 2021
Crl.O.P.No.27741 of 2019
and Crl.M.P.Nos.14782 & 14784 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 04.02.2021
Coram
THE HONOURABLE Mr.JUSTICE N.ANAND VENKATESH
Crl.O.P.No.27741 of 2019
and Crl.M.P.Nos.14782 & 14784 of 2019
Mr.Subramani Kannan
...Petitioner/Accused
Versus
Mr.Darius Minoo Belgamvala
...Respondent/Complainant
This Criminal Original Petition is filed under Section 482 of Criminal
Procedure Code praying to call for the records culminating in C.C.No.3661
of 2019 on the file of the Fast Track Court-II, Egmore at Allikulam,
Chennai and to quash the same.
For Petitioner : Mr.M.Santhanaraman
For Respondent : Mr.S.Raveendhran
ORDER
This petition has been filed challenging the proceedings initiated by
the respondent against the petitioner under Section 138 of the Negotiable
Instruments Act.
https://www.mhc.tn.gov.in/judis/
Crl.O.P.No.27741 of 2019
and Crl.M.P.Nos.14782 & 14784 of 2019
2. The grounds raised by the counsel for the petitioner are all factual
in nature and it requires appreciation of evidence and this Court cannot
decide the same in exercise of its jurisdiction under Section 482 of Criminal
Procedure Code. It is left open to the petitioner to raise all the grounds
before the Court below and the same shall be considered on its own merits
and in accordance with law. This Court is not inclined to interfere with the
proceedings pending before the Court below.
3. The learned counsel for the petitioner requested this Court to
dispense with the presence of the petitioner. Taking into consideration, the
facts and circumstances of the case, the presence of the petitioner is
dispensed with and he shall be represented by a counsel, who shall cross
examine the witnesses on the same day, they are examined in Chief. The
petitioner shall be present before the Court below at the time of questioning
under Section 313 Cr.P.C and at the time of passing of the final judgment.
4. Accordingly, this Criminal Original Petition is disposed of with a
https://www.mhc.tn.gov.in/judis/
Crl.O.P.No.27741 of 2019
and Crl.M.P.Nos.14782 & 14784 of 2019
direction to the Court below to complete the proceedings in CC No.3661 of
2019 within a period of three months from the date of receipt of a copy of
this order. The trial shall be conducted on a day to day basis in accordance
with the guidelines given by Hon'ble Supreme Court reported in Vinod
Kumar Vs State of Punjab [2015 (1) MLJ (Crl) 288 SC]. If the petitioner
adopts any dilatory tactics, it is open to the trial Court to insist upon the
presence of the petitioner and remand him to custody as per the
judgment of the Hon'ble Supreme Court in STATE OF UTTAR PRADESH
VS. SHAMBHU NATH SINGH (JT 2001 (4) SC 3191). Consequently,
connected miscellaneous petitions are also closed.
04.02.2021
rli
Index : Yes/No
Speaking Order (or) Non-Speaking Order
rli
N.ANAND VENKATESH, J.,
https://www.mhc.tn.gov.in/judis/
Crl.O.P.No.27741 of 2019
and Crl.M.P.Nos.14782 & 14784 of 2019
rli
To
The Fast Track Court-II,
Egmore at Allikulam, Chennai.
Crl.O.P.No.27741 of 2019
and Crl.M.P.Nos.14782 & 14784 of 2019
04.02.2021
https://www.mhc.tn.gov.in/judis/
