L.Kumarappan vs P.Sunitha
2023 Latest Caselaw 9063 Mad

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                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED : 26.07.2023

                                                        CORAM

                         THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH

                                              Crl.O.P No.16631 of 2023
                                        and Crl.O.P Nos.10615 & 10617 of 2023

            L.Kumarappan                                                                    Petitioners

                                                  vs.
            P.Sunitha                                                                     Respondent

            PRAYER: Criminal Original Petition filed under Section 482 of the Code of
            Criminal Procedure, to call for the records and quash the complaint in C.C.No.7863
            of 2022 pending on the file of the learned Fast Tract Court-II at Magisterial Level,
            Allikulam, Chennai.

                                      For Petitioner    : Mr.C.Umashankar


                                                        ORDER

This petition has been filed challenging the proceedings initiated by the

respondents against the petitioner under Section 138 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 and the same shall be https://www.mhc.tn.gov.in/judis 2 of 4

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 at the

time of initial questioning under Section 251 of Cr.P.C., and subsequent questioning

under Section 313 of Cr.P.C., and at the time of passing of the judgment.

4. Accordingly, this Criminal Original Petition is dismissed and the Court

below is directed to complete the proceedings in C.C.No.7863 of 2022, within a

period of four months from the date of receipt of copy of this order. Consequently,

the connected miscellaneous petition is also closed.

                                                                                         26.07.2023

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


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

1.The Fast Tract Court-II at Magisterial Level, Allikulam, Chennai.

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.16631 of 2023 and Crl.O.P Nos.10615 & 10617 of 2023

26.07.2023 https://www.mhc.tn.gov.in/judis