C.Yeshpal vs M/S. Sree Gokulam Chit &
2021 Latest Caselaw 13608 Mad

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                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED: 08.07.2021

                                                       CORAM

                                   THE HONOURABLE MR.JUSTICE M.DHANDAPANI

                                                CRL.O.P No.2498 of 2018
                                                         and
                                                Crl.M.P No.1032 of 2018

                     C.Yeshpal
                     Proprietor: Aiswharya Jewellers
                     226 B, Anna Street,
                     TV Nagar, Ayanavaram,
                     Chennai – 600 023.                                          ...Petitioner
                                                          Vs.
                     M/s. Sree Gokulam Chit &
                       Finance Company Pvt.Ltd
                     Rep. by its Authorised Representative,
                     Mr.P.Sriram,
                     No.66, Arcot Road,
                     Kodambakkam,
                     Chennai – 600 024.                                        .. Respondent

                     PRAYER :           Criminal Original Petition filed under Section 482 of
                     Criminal Procedure Code, praying to call for the records in C.C.No.2098
                     of 2013 on the file of the Court of FTC III Metropolitan Magistrate,
                     Saidapet, Chennai and quash the same.
                                      For Petitioner           : Mr.D.Vivekanandan




https://www.mhc.tn.gov.in/judis/
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                                                             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

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 petitioners 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 they shall be represented by a counsel, who shall

cross examine the witnesses on the same day, they are examined in

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Chief. The petitioners 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 with

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

No.2098 of 2013 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 petitioners 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 petition is also closed.

08.07.2021

Index: Yes/No Internet: Yes/No smn

https://www.mhc.tn.gov.in/judis/

M.DHANDAPANI.J,

smn

To

1. The learned FTC III Metropolitan Magistrate, Saidapet, Chennai.

2. The Public Prosecutor, High Court, Madras.

CRL.O.P No.2498 of 2018 and Crl.M.P Ns.1032 of 2018

08.07.2021

https://www.mhc.tn.gov.in/judis/