K.Sivaprakash v. E.Karthikeyan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.01.2024

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH and Crl.M.P.Nos.681 & 682 of 2024 K.Sivaprakash ... Petitioner Vs.

E.Karthikeyan

...Respondent

Prayer:

Criminal Original Petition under Section 482 of the Criminal Procedure Code to call for records in S.T.C.No.2977 of 2023 on the file of Fast Track Judicial Magistrate of Tirupur District and quash the same. For Petitioner :

Mr.M.Selvam

ORDER

This petition has been filed challenging the proceedings initiated by the respondent against the petitioner for offence under Section 138 of Negotiable Instruments Act.

1/4

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 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, at the stage of answering under Section 251 Cr.P.C and at the time of passing of the final judgement. 2/4

4. Accordingly, this Criminal Original Petition is disposed of with a direction to the Court below to complete the proceedings in S.T.C. No.2977 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 Supreme Court in STATE OF UTTAR PRADESH VS. SHAMBHU NATH SINGH (JT 2001 (4) SC 3191). Consequently, connected miscellaneous petitions are also closed. 24.01.2024 sk Index : Yes/No Speaking order:Yes/No To 1.The Fast Track Judicial Magistrate, Tirupur.

2.The Public Prosecutor, High Court, Madras.

3/4

N.ANAND VENKATESH,J sk and Crl.M.P.Nos.681 & 682 of 2024 24.01.2024 4/4