M/S.The Lion Packer vs M/S.Sivadharshini Papers ...
2023 Latest Caselaw 8561 Mad

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED : 18.07.2023

                                                      CORAM

                            THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

                                              Crl.O.P.No.32277 of 2022
                                        and Crl.M.P.Nos.19908 & 19911 of 2022

            1.M/s.The Lion Packer,
              Rep. by its Sole Proprietor,
              Mr.Y.G.Vijaya Mahendra,
              1/77, New No.311,
              (R.M. Murugan Building)
              Siddakovil Main Road,
              Sivathapuram, Salem – 636 607.

            2.Mr.Y.G.Vijaya Mahendra                                             ...Petitioners

                                                    Vs

            M/s.Sivadharshini Papers Private Limited,
            A Private Limited Company Incorporated
            Under the Companies Act, 1956
            Having its Office at No.2/309A,
            Harini Arcade, Vadavalli Post,
            Coimbatore – 641 041.
            Rep. by its Account Manager and
            Power of Agent,
            Mrs.K.Maheswari,
            W/o.Mr.A.Kottaithurai                                               ... Respondent




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https://www.mhc.tn.gov.in/judis
            PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal
            Procedure, to call for the records pertaining to the STC No.363 of 2016 on the file of
            learned Judicial Magistrate No.7, Coimbatore and quash the same.
                                    For Petitioner    : Mr.H.Rajesh
                                    For Respondents : Mr.A.Damodaran
                                                      Additional Public Prosecutor

                                                      ORDER

This petition has been filed challenging the proceedings initiated by the

respondent against the petitioner under Sections 138, 141 and 142 of the Negotiable

Instruments Act, 1881.

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

https://www.mhc.tn.gov.in/judis 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 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.363 of 2016 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 petitioners 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.

18.07.2023 Index : Yes/No Speaking order:Yes/No Neutral citation:Yes/No ssr

https://www.mhc.tn.gov.in/judis N.ANAND VENKATESH, J

ssr

To

1.The Judicial Magistrate No.7, Coimbatore.

2.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.32277 of 2022

18.07.2023

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