Mrs.Uma Maheshwari vs Thiru.K.M.Niwas
2021 Latest Caselaw 22997 Mad

                                                                                    Crl.O.P. No.6090 of 2017



                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED: 24.11.2021

                                                         CORAM

                                  THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR

                                              Crl. O.P. No.6090 of 2017
                                         and Crl.M.P.No.4530 & 4531 of 2017

                Mrs.Uma Maheshwari                                                 ..Petitioner

                                                          Vs.
                Thiru.K.M.Niwas                                                    ..Respondent

                PRAYER: Criminal Original Petition filed under Section 482 of Criminal
                Procedure Code, praying to call for the records relating to the case in
                C.C.No.258 of 2014 pending trial on the file of the Judicial Magistrate No.1,
                Thirupur and quash the same with regard to the petitioner.
                                        For Petitioner    : Mr.K.S.Karthick Raja
                                        For Respondent    : No appearance

                                                   ORDER

This criminal Original Petition has been filed to call for the records

relating to the case in C.C.No.258 of 2014 pending trial on the file of the

Judicial Magistrate No.1, Thirupur and quash the same with regard to the

petitioner.

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2. The main contention of the learned counsel for the petitioner that

petitioner/A4 is only a share holder of the 1st accused company, whereas, she

was show as a Director in the complaint. Even the evidence of DW1 is also

shown that she was only a Director of the 1st accused company. Hence, prayed

to quash the proceedings.

3. It is to be noted that the evidence has been adduced before the Trial

Court in the year 2017 and having examined DW1 on the side of respondent,

the Trial Court should have appreciated evidence and rendered judgment.

This Court cannot assume the role of Trial Court to appreciate the entire

evidence, but the fact remains that the evidence is already adduced before the

Trial Court and even on the side of the accused, DW1 was examined. At this

stage, this Court while exercising its jurisdiction under Section 482 of Cr.P.C

cannot conduct a roving enquiry or decide and probe into the evidence at this

stage, which have to be gone into only during the trial.

4. The Court below is directed to complete the proceedings and dispose of

the main petition by taking into consideration of the well settled position of law

under Section 141 of the Negotiable Instrument Act and find out the

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responsibility of the person who was incharge at the time of commission of

office during the relevant point of time. Accordingly, this Criminal Original

Petition is dismissed. Consequently, connected miscellaneous petitions are

closed.

24.11.2021 Index: Yes/No Internet: Yes/No nr/msv

https://www.mhc.tn.gov.in/judis Page No.3/4 Crl.O.P. No.6090 of 2017

N. SATHISH KUMAR, J.

nr/msv

Crl. O.P. No.6090 of 2017 and Crl.M.P.No.4530 & 4531 of 2017

24.11.2021

https://www.mhc.tn.gov.in/judis Page No.4/4