Sasikala vs M/S.Reliance Organic Chemical ...
2023 Latest Caselaw 11268 Mad

                                                           1

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED : 25.08.2023

                                                       CORAM

                         THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH

                                                Crl.O.P No.23314 of 2022
                                              and Crl.MP.No.14899 of 2022

                    1. Sasikala

                    2. M.B.Amirtha

                    3. Balasubramaniam

                    4. Mrs.Srivani
                                                                                Petitioners
                                                          vs.

                    M/s.Reliance Organic Chemical Industries
                    Rep by its Managing Partner,
                    R.Saravanan
                    S/o.Ramasamy,
                    82B/111, Rasampalayam Road,
                    Manikkampalayam, Erode - 4                                Respondent

                    PRAYER: Criminal Original Petition filed under Section 482 of the Code
                    of Criminal Procedure, to call for the records pertaining to the case in
                    STC No.222 of 2022 on the file of Judicial Magistrate Court No.I, Erode.
                                     For Petitioner   : Mr.M.KArthik
                                     For Respondent    :Mr.M.Guru Prasad




https://www.mhc.tn.gov.in/judis
                                                                2



                                                          ORDER

This petition has been filed challenging the proceedings initiated by

the respondent against the petitioner under Section 138, 141 r/w 142 of

Negotiable Instruments Act.

2. 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 below 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. The learned counsel for the petitioners requested this Court to

dispense with the presence of the petitioners. Taking into consideration, the

facts and circumstances of the case, the presence of the petitioners is

dispensed with and he shall be represented by a counsel, who shall cross

examine the witnesses on the same day, they are examined in Chief. The

petitioners shall be present before the Court below at the time of https://www.mhc.tn.gov.in/judis

questioning under Section 313 Cr.P.C and at the time of passing of the

final judgement.

4. Accordingly, this Criminal Original Petition is disposed of with a

direction to the Court below to complete the proceedings in STC No.222 of

2022 within a period of three months from the date of receipt of a copy of

this order. The trial shall be conducted on a day to day basis in accordance

with the guidelines given by Hon'ble Supreme Court reported in Vinod

Kumar Vs State of Punjab [2015 (1) MLJ (Crl) 288 SC]. If the petitioner

adopts any dilatory tactics, it is open to the trial Court to insist upon the

presence of the petitioners and remand him to custody as per the

judgment of the Hon'ble Supreme Court in STATE OF UTTAR PRADESH

VS. SHAMBHU NATH SINGH (JT 2001 (4) SC 3191). Consequently,

connected miscellaneous petitions are also closed.

                                                                                       25.08.2023

                    Index      : Yes/No
                    Internet   : Yes/No
                    Speaking Order/Non-Speaking Order
                    rka
https://www.mhc.tn.gov.in/judis


                                                                N. ANAND VENKATESH, J.
                                                                                  rka
                    To

1. The Judicial Magistrate Court No.I, Erode.

2. The Public Prosecutor, High Court, Madras

Crl.O.P No.23314 of 2022 and Crl.MP.No.14899 of 2022

25.08.2023

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