K.Murali vs A.Alagesan
2023 Latest Caselaw 12011 Mad

                                                                                CRL.O.P No.19738 of 2023

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED: 07.09.2023

                                                           CORAM

                           THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

                                                 CRL.O.P No.19738 of 2023
                                                          and
                                                 Crl.M.P No.13364 of 2023
                     K.Murali,
                     S/o.Kumar                                          ...Petitioner/Accused

                                                                Vs.

                     A.Alagesan,
                     S/o.Arunachalam                                   ...Respondent/Complainant

                     PRAYER : Criminal Original Petition filed under Section 482 of
                     Criminal Procedure Code, to call for the records in STC No.820 of 2022
                     on the file of Judicial Magistrate Fast Track Court Magistrate Level,
                     Poonamallee, Chennai-600056 and quash the same.

                                               For Petitioner     : Mr.D.Panchatsaram


                                                         ORDER

This petition has been filed challenging the proceedings initiated

by the respondent against the petitioner under Section 138 of the

Negotiable Instruments Act.

https://www.mhc.tn.gov.in/judis CRL.O.P No.19738 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. Accordingly, this Criminal Original Petition is disposed of with

a direction to the Court below to complete the proceedings in S.T.C.

No.820 of 2022 on the file of learned Judicial Magistrate (Fast Track

Court Magistrate Level), Poonamallee, Chennai-600056 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 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

https://www.mhc.tn.gov.in/judis CRL.O.P No.19738 of 2023

judgment of the Hon'ble Supreme Court in STATE OF UTTAR

PRADESH VS. SHAMBHU NATH SINGH (JT 2001 (4) SC 3191).

Consequently, connected miscellaneous petition is also closed.

07.09.2023

Speaking Order/Non-Speaking Order Index: Yes/No Internet: Yes/No pal/rsi

To

1.The Judicial Magistrate, (Fast Track Court Magistrate Level), Poonamallee, Chennai-600056.

2. The Public Prosecutor, High Court, Madras.

https://www.mhc.tn.gov.in/judis CRL.O.P No.19738 of 2023

N.ANAND VENKATESH.J.,

pal/rsi

CRL.O.P No.19738 of 2023 and Crl.M.P No.13364 of 2023

07.09.2023

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