H.Mohamed Rabi vs M.Sivakumar
2023 Latest Caselaw 9917 Mad

                                                                       Criminal Original Petition No.17635 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.17635 of 2023
                                                             and
                                             Crl.M.P.Nos.11562 & 11563 of 2023

                     H.Mohamed Rabi
                     S/o.V.Haneefa                                             ...Petitioner
                                                                Vs

                     M.Sivakumar                                               ... Respondent

                     PRAYER : Criminal Original Petition filed under Section 482 of the Code
                     of Criminal Procedure, 1973, praying to call for the records and quash the
                     complaint filed by the respondent in STC No.100 of 2022 pending on the
                     file of Judicial Magistrate Level - II, Coimbatore.


                                        For Petitioner      : Mr.S.Venkatesh

                                                               *****

                                                             ORDER

This petition has been filed challenging the proceedings initiated by

the respondent against the petitioner under Section 138 of Negotiable

Instruments Act.

https://www.mhc.tn.gov.in/judis Criminal Original Petition No.17635 of 2023

2. The grounds raised by the learned 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 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 STC No.100 of

https://www.mhc.tn.gov.in/judis Criminal Original Petition No.17635 of 2023

2022 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

To The Judicial Magistrate Level - II, Coimbatore.

https://www.mhc.tn.gov.in/judis Criminal Original Petition No.17635 of 2023

N.ANAND VENKATESH, J

gm

Criminal Original Petition No.17635 of 2023

08.08.2023

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