Madras High Court
M/S.K.V.S Enterprises vs M/S.Salzer Electronics Ltd on 8 August, 2023
Criminal Original Petition No.17531 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.08.2023
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
Criminal Original Petition No.17531 of 2023
and
Crl.M.P.Nos.11470 & 11472 of 2023
1.M/s.K.V.S Enterprises
No.13/76, Murthy Nagar,
Padi, Chennai - 60
A Partnership firm represented by its Partners
(a) Mr.S.Anil Kumar
S/o.K.V.Sukumar
(b) Mr.S.Sunil Kumar
S/o.K.V.Sukumar
(c) Mr.S.Mohan Das
S/o.K.V.Sukumar
2.S.Anil Kumar
S/o.K.V.Sukumar
3.S.Sunil Kumar
S/o.K.V.Sukumar
4.S.Mohan Das
S/o.K.V.Sukumar ...Petitioners
Vs
1/4
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Criminal Original Petition No.17531 of 2023
1.M/s.Salzer Electronics Ltd.,
An incorporated company
Having its registered office at
Samichettipalayam,
Coimbatore - 641 047.
represented by D.Rajesh Kumar
Joint Managing Director
2.M/s.Salzer Magnet Wires Ltd.,
An incorporated company,
Having its registered office at,
Bettathapuram, Karamadai,
Coimbatore - 641 104.
represented by P.Ramachandran, Director
both represented by its Power of Attorney Holder,
Sri.A.Sathish Prabakaran ... Respondents
PRAYER : Criminal Original Petition filed under Section 482 of the Code
of Criminal Procedure, 1973, praying to call for the records pertaining to
C.C.No.10 of 2020 on the file of learned Judicial Magistrate, Mettupalayam,
Coimbatore and quash the same in respect of petitioners/Accused 1 to 4.
For Petitioners : Mr.R.Chakkaravarthy
*****
ORDER
This petition has been filed challenging the proceedings initiated by
the respondents against the petitioners under Section 138 of Negotiable
Instruments Act.
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Criminal Original Petition No.17531 of 2023
2. The grounds raised by the learned 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 they 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
questioning under Section 313 Cr.P.C and at the time of passing of the final
judgment.
Accordingly, this Criminal Original Petition is dismissed and the
Court below is directed to complete the proceedings in C.C.No.10 of 2020
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Criminal Original Petition No.17531 of 2023
N.ANAND VENKATESH, J
gm
within a period of four (4) months from the date of receipt of copy of this
order. Consequently, the connected miscellaneous petitions are closed.
08.08.2023
Index : Yes/No
Speaking order:Yes/No
Neutral citation:Yes/No
gm
Criminal Original Petition No.17531 of 2023
https://www.mhc.tn.gov.in/judis
