Madras High Court
M/S.Vinayaga Enterprises vs M/S.Slivertex Engineers Pvt Ltd on 1 March, 2021
Crl. OP No.3976 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.03.2021
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH
Crl. OP No.3976 of 2021
and Crl. MP Nos.2413 & 2414 of 2021
M/s.Vinayaga Enterprises,
Rep. By its Authorised Signatory Mr.S.Prabhakar,
No.181, 6th Street Extension,
100 feet Road, Gandhipuram,
Coimbatore – 641 012. ... Petitioner/Accused
vs.
M/s.Slivertex Engineers Pvt Ltd.,
Rep. By Authorised Person
Mr.Durairaj,
Regd. Office at: S.F.No.186/1
Mahatma Gandhi Road,
Nellikonampalayam Post, Coimbatore 33. ... Respondent/Complainant
PRAYER: Criminal Original Petition filed under Section 482 of the Code of
Criminal Procedure, to call for records of the case in STC No.379 of 2018
pending trial on the file of the learned Fast Track Court No.1 (Judicial
Magistrate Level), Coimbatore and quash the same.
1/4
https://www.mhc.tn.gov.in/judis/
Crl. OP No.3976 of 2021
For Petitioner : Mr. C.D.Johnson
ORDER
This petition has been filed challenging the proceedings initiated by
the respondent against the petitioner under Section 138 of the Negotiable
Instruments Act.
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
https://www.mhc.tn.gov.in/judis/
Crl. OP No.3976 of 2021
under Section 313 Cr.P.C and at the time of passing of the final judgment.
4. This Criminal Original Petition is disposed of with a direction to
the Court below to complete the proceedings, 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.
01.03.2021
Index : Yes/No
Internet : Yes/No
Speaking Order/Non-Speaking Order
jv
https://www.mhc.tn.gov.in/judis/
Crl. OP No.3976 of 2021
N. ANAND VENKATESH, J.
jv
To
1. The Fast Track Court No.1
(Judicial Magistrate Level),
Coimbatore.
2. The Public Prosecutor,
High Court of Madras,
Chennai 600 104.
Crl. OP No.3976 of 2021
and Crl. MP Nos.2413 & 2414 of 2021
01.03.2021
https://www.mhc.tn.gov.in/judis/
