Madras High Court
K.Sudha vs Mani Broilers Pvt. Ltd on 21 December, 2022
Crl.O.P.(MD) No.22675 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 21.12.2022
CORAM:
THE HONOURABLE MR. JUSTICE K.MURALI SHANKAR
Crl.O.P.(MD) No.22675 of 2022
and
Crl.M.P.(MD) No.16023 and 16024 of 2022
K.Sudha, : Petitioner
Vs
Mani Broilers Pvt. Ltd.,,
Rep by its Manager,
Sugumar,
Dindigul District. : Respondent
PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying
this Court to call for records pertaining to the case in STC.No.58 of 2022, on
the file of the Judicial Magistrate, Fast Track Court (Magisterial Level),
Palani, Dindigul District and quash the same.
For Petitioner : Mr.S.Ramasamy
1/5
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD) No.22675 of 2022
ORDER
This criminal original petition has been filed seeking to quash the case
in STC.No.58 of 2022, on the file of the Judicial Magistrate, Fast Track Court
(Magisterial Level), Palani, Dindigul District.
2.It is evident from the records that the respondent/complainant has
filed a private complaint against the petitioner for the offences under Section
138 r/w 142 of Negotiable Instruments Act, 1881, before the jurisdictional
Court. Originally, the case was take on file in the year 2019 and that
subsequently, the same was transferred to the file of the learned Judicial
Magistrate, Fast Track Court, Palani and re-numbered as S.T.C.No.58 of
2022.
3.The learned Counsel appearing for the petitioner would submit that it
would be suffice that the petitioner's appearance before the trial Court may be
dispensed with and if the trial Court is directed to complete the trial and
disposed of the case, within the time stipulated by this Court.
4.Considering the above and also the fact that the cheque dishonoured
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Crl.O.P.(MD) No.22675 of 2022
case is pending from the year 2019 onwards and taking note of the limited
prayer sought for by the learned Counsel appearing for the petitioner, the
learned Judicial Magistrate, Fast Track Court, Palani, is directed to complete
the trial in S.T.C.No.58 of 2022 and dispose of the same as expeditiously as
possible, preferably, within a period of three months, from the date of receipt
of a copy of this order.
5.Considering the facts and circumstances of the case, the personal
appearance of the petitioner before the trial Court is ordered to be dispensed
with, on conditions that she shall appear at the time of initial questioning,
proceedings under Section 313 of Cr.P.C., and at the time of passing judgment
and on the hearings, specifically directed by the trial court. The petitioner is
further directed to give an undertaking in the form of affidavit that she will be
duly represented by a counsel on all hearing dates and that the Counsel
representing her will cross examine the prosecution witnesses on the same
day they are examined in chief. The petitioner shall not dispute the identity of
the witnesses. The petitioner shall appear before the Court in the event her
presence is insisted by the trial judge for the purpose of identification. If the
petitioner adopts any dilatorial tactics, it is open to the Trial Court to insist for
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Crl.O.P.(MD) No.22675 of 2022
her appearance and deal with the petitioner in accordance with the judgment
of Supreme Court of India, in State of Uttar Pradesh Vs. Shambunath
Singh, reported in 2001 (4) SCC 667.
6.In the result, this criminal original petition stands disposed of.
Consequently, connected miscellaneous petitions are closed.
21.12.2022
Internet:Yes
Index:Yes/No
Speaking/Non speaking order
lr
To
1.The Judicial Magistrate,
Fast Track Court, Palani.
2.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD) No.22675 of 2022
K.MURALI SHANKAR, J.
lr
Crl.O.P.(MD) No.22675 of 2022
21.12.2022
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