U.Ganesan vs T.Sakthivel
2021 Latest Caselaw 22766 Mad

                                                         1          CRL.O.P.(MD)NO.18077 OF 2021

                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                 DATED: 19.11.2021

                                                        CORAM

                        THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

                                            Crl.O.P.(MD)No.18077 of 2021


                     U.Ganesan                               ... Petitioner / Sole Accused



                                                             Vs.




                     T.Sakthivel                         ... Respondent / Complainant



                                  Prayer: Criminal Original petition is filed under Section
                     482 of Cr.P.C, to call for the records pertaining to C.C.No.121
                     of 2021 on the file of the Fast Track Court (Magistrate Level),
                     Karaikudi and quash the same.




                                       For Petitioner   : Mr.C.Jeyaprakash

                                                        ***




https://www.mhc.tn.gov.in/judis
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                                                          2        CRL.O.P.(MD)NO.18077 OF 2021

                                                       ORDER

This criminal original petition has been filed for quashing

the proceedings in C.C.No.121 of 2021 on the file of the Fast

Track Court (Magistrate Level), Karaikudi.

2. It is a private complaint filed by the respondent for the

offence under Section 138 of the Negotiable Instruments Act.

The learned counsel appearing for the petitioner advanced

certain contentions based on the communication sent by the

complainant himself. Consideration of such material would

involve a factual enquiry. Under Section 482 of Cr.P.C, I cannot

do so.

3. Therefore, leaving open all the contentions and

defences of the petitioner, this criminal original petition is

dismissed. However, taking note of the facts and

circumstances of this case, particularly, the fact that the

petitioner is a Government servant, the personal appearance

of the petitioner before the Court below is dispensed with.

However, the petitioner has to appear before the Court below

on the following three occasions:-

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

3 CRL.O.P.(MD)NO.18077 OF 2021

i) To answer the charges,

ii) at the time of examination under Section 313 of Cr.P.C.

and

iii) at the time of pronouncement of Judgment.

The petitioner also will have to appear when his presence is

insisted upon by the trial Court and on all other occasions, the

petitioner can be represented by his counsel. If the

petitioner's counsel also fails to appear, the benefit of this

order will stand vacated automatically. Consequently,

connected miscellaneous petitions are closed.

                                                                                        19.11.2021

                     Index              : Yes / No
                     Internet           : Yes/ No
                     PMU

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:

1. The Judge, Fast Track Court (Magistrate Level), Karaikudi.

2. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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4 CRL.O.P.(MD)NO.18077 OF 2021

G.R.SWAMINATHAN,J.

PMU

Crl.O.P.(MD)No.18077 of 2021

19.11.2021

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