Madras High Court
K. Sarala vs M/S. Sree Gokulam Chit And Finance ... on 22 September, 2021
Crl.O.P.No.22168 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.09.2021
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
Crl.O.P.No.22168 of 2018
and
Crl.M.P.No.12219 of 2018
K. Sarala .. Petitioner
Vs.
1. M/s. Sree Gokulam Chit and Finance Co. Pvt. Ltd.
Rep. by its authorized person,
Mr.P.kaliyappan(M/36)
S/o Ponnuvel,
591/1A, 1st floor, Near ARRS Theatre
Meyyanur by pass road, Salem-636 044 .. Respondent
Prayer: Petition filed under Section 482 of Cr.P.C., to call for the complaint
and entire records in S.T.C.No.106 of 2018 on the file of the Learned
Judicial Magistrate No.II, Salem and quash the same.
For Petitioners : Mr.J.Hariharan
For Respondents : Mr.L.Rajasekar
ORDER
The petitioner has filed this petition seeking to call for the complaint
and entire records in S.T.C.No.106 of 2018, on the file of the Learned
Judicial Magistrate No.II, Salem and quash the same.
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Crl.O.P.No.22168 of 2018
2. Though several grounds have been raised by the learned counsel
for the petitioner, however, this Court is of the opinion the issue is a triable
issue and the grounds raised by the counsel for the petitioners 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 petitioners to raise all the grounds
before the 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 petitioners
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 petitioners before the Trial Court may be dispensed
with.
4. Accordingly, this petition is disposed of directing the trial
court to dispose of S.T.C.No.106 of 2018 as expeditiously as possible as
per seniority of the case. The petitioners and respondent are directed to co-
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Crl.O.P.No.22168 of 2018
operate with the trial court for the early completion of trial. Further, taking
into consideration the request as made by the learned counsel for the
petitioner, his appearance before the trial court is dispensed with except for
their appearance for the purpose of receiving the copy of the proceedings
u/s 207 Cr.P.C., framing of charges, questioning under Section 313 Cr.P.C.
and on the day on which judgment is to be pronounced. However, if for any
particular reason, the presence of the petitioners is necessary, the trial court,
at its wisdom, shall direct their appearance on those days. Consequently,
connected miscellaneous petitions, if any, are closed.
22.09.2021
sk
Speaking Order/ Non Speaking Order
Index: Yes/ No
Internet: Yes/ No
To
1. The Judicial Magistrate No.II,
Salem.
2.The Public Prosecutor,
Madras High Court.
https://www.mhc.tn.gov.in/judis/
Crl.O.P.No.22168 of 2018
M.DHANDAPANI,J.
sk
Crl.O.P.No.22168 of 2018
22.09.2021
https://www.mhc.tn.gov.in/judis/
