Madras High Court
Thanga Karunakaran vs Sasikala on 8 January, 2021
Crl. OP No.227 of 2021
and Crl. MP Nos.105 & 107 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.01.2021
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH
Crl. OP No.227 of 2021
and Crl. MP Nos.105 & 107 of 2021
Thanga Karunakaran ... Petitioner/Accused
vs.
Sasikala ... Respondent/Complainant
PRAYER: Criminal Original Petition filed under Section 482 of the Code of
Criminal Procedure, to call for the records in S.T.C.No.85 of 2018 on the
file of the Fast Track Court, Magisterial Level, Aathur, quash the same.
For Petitioner : Mr. K.S. Karthik Raja
ORDER
This petition has been filed challenging the proceedings initiated by
the respondents against the petitioner under Section 138 of the Negotiable
Instruments Act.
https://www.mhc.tn.gov.in/judis/
Crl. OP No.227 of 2021
and Crl. MP Nos.105 & 107 of 2021
2. The grounds that have been raised by the learned counsel for the
petitioner is purely factual in nature and this Court cannot go into the same
in exercise of its jurisdiction under Section 482 of Cr.P.C. It is left open to
the petitioner to raise these grounds before the Court below and the Court
below shall consider the same on its own merits and in accordance with
law.
3. The learned counsel for the petitioner requested this Court to
dispense with the presence of the petitioner. 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. This Criminal Original Petition is disposed of with a direction to
the Court below to complete the proceedings, within a period of two 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
https://www.mhc.tn.gov.in/judis/
Crl. OP No.227 of 2021
and Crl. MP Nos.105 & 107 of 2021
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.
08.01.2021
Index : Yes/No
Internet : Yes/No
Speaking Order/Non-Speaking Order
jv
To
1. The Judge,
Fast Track Court, Magisterial Level,
Aathur
2. The Public Prosecutor,
High Court of Madras,
Chennai 600 104.
https://www.mhc.tn.gov.in/judis/
Crl. OP No.227 of 2021
and Crl. MP Nos.105 & 107 of 2021
N. ANAND VENKATESH, J.
Crl. OP No.227 of 2021
and Crl. MP Nos.105 & 107 of 2021
08.01.2021
https://www.mhc.tn.gov.in/judis/
