S.K.Radha vs R.Rajalakshmi
2022 Latest Caselaw 1683 Mad

                                                                                Crl.O.P(MD)No.2069 of 2022


                                  BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                      DATED : 02.02.2022

                                                           CORAM :

                            THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

                                                Crl.O.P(MD)No.2069 of 2022
                                                           and
                                           Crl.M.P.(MD)Nos.1530 and 1532 of 2022

                     S.K.Radha                                                 ... Petitioner
                                                               Vs.

                     R.Rajalakshmi                                             ... Respondent


                     Prayer: This Criminal Original Petition is filed under Section 482 of

                     Cr.P.C., to call for the records relating to the case in S.T.C.No.12 of 2020

                     on the file of the Fast Track Court No.I (Magisterial Level), Madurai and

                     to quash the same as illegal.

                                        For Petitioner      : Mr.K.Shanmugaraja




                                                         ORDER

The petitioner is facing trial in S.T.C.No.12 of 2020 on the file of

the Fast Track Court No.I (Magisterial Level), Madurai, for the offence

under Section 138 of the Negotiable Instruments Act.

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Crl.O.P(MD)No.2069 of 2022

2.The learned counsel for the petitioner reiterated all the

contentions set out in the memorandum of grounds. Since contentious

facts are involved, I am not in a position to consider the same on merits

in exercise of power under Section 482 of CrPC.

3.Leaving open all the petitioner's defences and contentions, this

criminal original petition is disposed of. The petitioner is a woman.

Therefore, the personal appearance of the petitioner before the Court

below is dispensed with. However, the Court below will insist on the

personal appearance of the petitioner only on three occasions namely, to

answer the charge, for examination under Section 313 of CrPC and at the

time of pronouncing Judgment. On all other occasions, the petitioner

need not appear before the Court below. However, on those occasions,

the petitioner will have to be represented by his counsel. If the

petitioner's counsel is also absent, the benefit of dispensing with the

personal appearance of the petitioner will stand automatically vacated.

Consequently, connected miscellaneous petitions are closed.

02.02.2022 Index :Yes/No Internet : Yes/No ias

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Crl.O.P(MD)No.2069 of 2022

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 Fast Track Court No.I (Magisterial Level), Madurai.

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

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Crl.O.P(MD)No.2069 of 2022

G.R.SWAMINATHAN, J.

ias

Crl.O.P(MD)No.2069 of 2022

02.02.2022

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