K.S.Devadevan vs R.Shanthi
2021 Latest Caselaw 22211 Mad

                                                    Crl.O.P.(MD)Nos.17425, 17428 & 17430 of 2021

                      BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                   DATED: 11.11.2021

                                                       CORAM:

                         THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

                             Crl.O.P(MD)Nos.17425, 17428 & 17430 of 2021
                                                 and
                                  Crl.M.P.(MD)Nos.9478 to 9483 of 2021
                      K.S.Devadevan                ... Petitioner in all Crl.O.Ps.


                                                          Vs

                     R.Shanthi                           ... Respondent in all Crl.O.Ps.

                     COMMON PRAYER: Petition filed under Section 482 Code of
                     Criminal Procedure, to call for the records in S.T.C.Nos.309, 310 &
                     311 of 2021 on the file of the Judicial Magistrate No.1 (FTC),
                     Madurai and quash the same.
                                  For Petitioner       : Mr.K.P.S.Palanivel Rajan
                                  (in all Crl.O.Ps.)

                                                    COMMON ORDER

                                  These criminal original petitions have been filed for

                     quashing the proceedings in S.T.C.Nos.309, 310 & 311 of 2021 on

                     the file of the Judicial Magistrate No.1 (FTC), Madurai for the

                     offence under Section 138 of the Negotiable Instrument Act. The

                     respondent herein is the complainant.

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                                                 Crl.O.P.(MD)Nos.17425, 17428 & 17430 of 2021

                                  2. The case of the petitioner is that he had settled the

                     liability in full. But then, this is a matter that has to be established

                     only in trial.

                                  3. I will not be in a position to render a finding as to

                     whether the petitioner has already liquidated the liability. Leaving

                     open the petitioner's defences and contentions, these criminal

                     original petitions are dismissed. However, taking note of the overall

                     fact and circumstances, the personal appearance of the petitioner

                     before the court below is dispensed with. He has to appear on three

                     occasions namely at the time of questioning, during examination

                     under Section 313 of Cr.P.C. and again at the time of pronouncing

                     judgment. On all other occasions, the petitioner can appear through

                     counsel. If the petitioner fails to appear through counsel, the benefit

                     of this order will be withdrawn. Consequently, connected

                     miscellaneous petitions are closed.

                                                                       11.11.2021

                     Index:Yes/No
                     Internet:Yes/No
                     rmi




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                                               Crl.O.P.(MD)Nos.17425, 17428 & 17430 of 2021


                     Note:
                            In view of the present lock down owing to
                     COVID-19 pandemic, a web copy of the order may be
                     utilized for official purposes, but, ensuring that the
                     copy of the order that is presented is the correct copy,
                     shall be the responsibility of the advocate/litigant
                     concerned.

                     To

                     The Judicial Magistrate No.1 (FTC), Madurai.




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                                        Crl.O.P.(MD)Nos.17425, 17428 & 17430 of 2021


                                                       G.R.SWAMINATHAN, J.

rmi

Crl.O.P(MD)Nos.17425, 17428 & 17430 of 2021 and Crl.M.P.(MD)Nos.9478 to 9483 of 2021

11.11.2021

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