Santhana Krishnan vs M/S.Sreeswathy Agencies
2021 Latest Caselaw 4389 Mad

                                                                     Crl.O.P.No.3209 of 2021

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                           DATED : 19.02.2021

                                                    CORAM

                          THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH

                                         Crl.O.P No.3209 of 2021
                                   and Crl.M.P Nos.1826 & 1827 of 2021

                   Santhana Krishnan                                     .. Petitioner

                                                vs.

                   M/s.Sreeswathy Agencies,
                   Rep. By its Partner,
                   Mr.G.V.Ramalingeswar,
                   439/3, Kolaperumal School Street,
                   Arumbakkam,
                   Chennai-500 106.                                      .. Respondent

                   PRAYER: Criminal Original Petition filed under Section 482 of the
                   Code of Criminal Procedure, to call for the records in C.C.No.8056
                   of 2019 pending on the file of the learned Metropolitan Magistrate
                   Fast Track Court No.I at Egmore, Allikulam and quash the same.
                               For Petitioner   : Mr.Anandaraj
                                                 ORDER

This petition has been filed challenging the proceedings

initiated by the respondent against the petitioner under Section 138

of Negotiable Instruments Act.

2. The grounds raised by the counsel for the petitioner are all http://www.judis.nic.in Crl.O.P.No.3209 of 2021

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 judgement.

4. Accordingly, this Criminal Original Petition is disposed of http://www.judis.nic.in Crl.O.P.No.3209 of 2021

with a direction to the Court below to complete the proceedings in

C.C. No.8056 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.

19.02.2021

Speaking Order/Non-Speaking Order Index: Yes/No Internet: Yes/No kal

N.ANAND VENKATESH.J.,

kal To http://www.judis.nic.in Crl.O.P.No.3209 of 2021

1. The Metropolitan Magistrate Fast Track Court No.I at Egmore, Allikulam

2. The Public Prosecutor, High Court, Madras.

Crl.O.P No.3209 of 2021 and Crl.M.P Nos.1826 & 1827 of 2021

19.02.2021

http://www.judis.nic.in