R.Thangaraj vs K.Santhosh Kumar
2021 Latest Caselaw 4391 Mad

                                                        1

                               IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED: 19.02.2021

                                                     CORAM

                           THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

                                           CRL.O.P No.3135 of 2021
                                                     and
                                      Crl.M.P Nos.1785 and 1486 of 2021

                      R.Thangaraj                                      ... Petitioner

                                                       Vs.

                      K.Santhosh Kumar                           ... Respondent
                      PRAYER : Criminal Original Petition filed under Section 482 of
                      Criminal Procedure Code, praying to call for the records relating
                      to the proceedings in C.C.No.794 of 2020 on the file of Judicial
                      Magistrate, Tambaram and quash the same as against the
                      petitioner.
                                    For Petitioner          : Mr.V.Illanchezian
                                                     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

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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 judgement.

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4. Accordingly, this Criminal Original Petition is dismissed

of with a direction to the Court below to complete the

proceedings in C.C.No.794 of 2020 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 Index: Yes/No Internet: Yes/No kal

N.ANAND VENKATESH.J.,

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kal To

1. The Judicial Magistrate, Tambaram

2. The Public Prosecutor, High Court, Madras

CRL.O.P No.3135 of 2021 and Crl.M.P Nos.1785 and 1786 of 2021

19.02.2021

http://www.judis.nic.in