Madras High Court
Sasikala vs M/S.Reliance Organic Chemical ... on 25 August, 2023
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.23315 of 2022
and Crl.MP.No.14903 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.221 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 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 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 petitioner requested this Court to
dispense with the presence of the petitioner. Taking into consideration, the
facts and circumstances of the case, the presence of the petitioner 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
petitioner shall be present before the Court below at the time of
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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.221
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 petitioner 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
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https://www.mhc.tn.gov.in/judis
N. ANAND VENKATESH, J.
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To
1. The Judicial Magistrate Court No.I, Erode.
2. The Public Prosecutor,
High Court, Madras
Crl.O.P No.23315 of 2022
and Crl.MP.No.14903 of 2022
25.08.2023
https://www.mhc.tn.gov.in/judis
