S.Vijayalakshmi vs A.Pachaiappan
2023 Latest Caselaw 8362 Mad

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                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 14.07.2023

                                                           CORAM

                         THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH

                                              Crl.O.P No.15706 of 2023
                                         and Crl.M.P Nos.9787 & 9789 of 2023

                S.Vijayalakshmi                                                            Petitioners

                                                     vs.
                A.Pachaiappan                                                             Respondent

                PRAYER: Criminal Original Petition filed under Section 482 of the Code of
                Criminal Procedure, to call for the records relating to STC No.428 of 2023 on
                the file of the learned Judicial Magistrate, Krishnagiri and quash the same.

                                        For Petitioners     : Mr.J.Muthukumaran


                                                         ORDER

This petition has been filed challenging the proceedings initiated by the

respondent against the petitioner under Sections 138 to 142 of the 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 https://www.mhc.tn.gov.in/judis 2 of 4

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

she 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 judgement.

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

direction to the Court below to complete the proceedings in STC No.428 of

2023 within a period of six 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 https://www.mhc.tn.gov.in/judis 3 of 4

Supreme Court in STATE OF UTTAR PRADESH VS. SHAMBHU NATH

SINGH (JT 2001 (4) SC 3191). Consequently, connected miscellaneous

petitions are also closed.

                                                                        14.07.2023

                Index      : Yes/No
                Internet   : Yes/No
                Speaking Order/Non-Speaking Order
                ssr


                To

1.The Judicial Magistrate, Krishnagiri.

2.The Public Prosecutor, High Court of Madras, Madras.

https://www.mhc.tn.gov.in/judis 4 of 4

N. ANAND VENKATESH,. J.

ssr

Crl.O.P No.15706 of 2023 and Crl.M.P Nos.9787 & 9789 of 2023

14.07.2023 https://www.mhc.tn.gov.in/judis