D.Ezekiel vs C.K.Richard Antony
2021 Latest Caselaw 20818 Mad

                                                                                Crl.O.P.No.21633 of 2018

                                     IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED : 08.10.2021

                                                             CORAM

                                      THE HONOURABLE MR.JUSTICE M.DHANDAPANI

                                                  Crl.O.P.No.21633 of 2018
                                                             And
                                                  Crl.M.P.No.11832 of 2018


                     D.Ezekiel                                                ... Petitioner

                                                                Vs.

                     C.K.Richard Antony                                       ... Respondent


                     Prayer:
                                   Petition filed under Section 482 of Cr.P.C., seeking to call for the
                     records in C.C.No.90 of 2018 for the offence punishable under Section
                     138 of Negotiable Instruments Act, pending on the file of the learned
                     Fast Track Magistrate, Alandur and quash the same.

                                        For Petitioner     : Mr.R.Balachandran
                                        For Respondent     : No Appearance


                                                            ORDER

This petition has been filed seeking to call for the records in

C.C.No.90 of 2018 for the offence punishable under Section 138 of the

Negotiable Instruments Act, pending on the file of the learned Fast

Track Magistrate, Alandur and to quash the same.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.21633 of 2018

2.Though several grounds have been raised by the learned

counsel appearing for the petitioner, however, this Court is of the

opinion the issue is a triable issue and the grounds raised by the

learned counsel appearing 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 petitioner to raise all the

grounds before the Trial Court 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.It is represented by the learned counsel appearing for the

petitioner that this Court may issue a direction to the Trial Court to

expedite the trial and complete the same as early as possible. He

would further submit that the appearance of the petitioner before the

Trial Court may be dispensed with.

4.Accordingly, this criminal original petition is disposed of by

directing the Trial Court to dispose of C.C.No.90 of 2018 as

expeditiously as possible as per seniority of the case. The petitioner

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.21633 of 2018

and respondent are directed to co-operate with the Trial Court for

early completion of trial. Further, taking into consideration the request

as made by the learned counsel appearing for the petitioner, the

appearance of the petitioner before the Trial Court is dispensed with

except for his appearance for the purpose of receiving the copy of the

proceedings under Section 207 of Cr.P.C., framing of charges,

questioning under Section 313 of Cr.P.C. and on the day on which

judgment is to be pronounced. However, if for any particular reason,

the presence of the petitioner is necessary, the Trial Court, at its

wisdom, shall direct his appearance on those days. Consequently, the

connected miscellaneous petition is closed.

08.10.2021 pri

Speaking Order/ Non Speaking Order Index: Yes/ No Internet: Yes/ No

To

1.The Fast Track Magistrate, Alandur.

2.The Public Prosecutor, High Court of Madras, Chennai 600 104.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.21633 of 2018

M.DHANDAPANI,J.

pri

Crl.O.P.No.21633 of 2018 And Crl.M.P.No.11832 of 2018

08.10.2021

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