Madras High CourtCRL OP/3857/2021disposed of

New Begin Selvakumar v. D.Thiyagarajan

2021-03-01Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.03.2021

CORAM

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH CRL.O.P.No.3857 of 2021 and CRL.M.P.Nos.2300 & 2302 of 2021 New Begin Selvakumar .. Petitioner Vs.

D.Thiyagarajan .. Respondent PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records pertaining in C.C.No.66 of 2020 on the file of the Fast Track Judicial Magistrate, Mayiladuthurai and quash the same. For Petitioner : Mr.P.Tamilavel

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 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 https://hcservices.ecourts.gov.in/hcservices/

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 dismissed and the Court below is directed to complete the proceedings in C.C.No.66 of 2020, within a period of three months from the date of receipt of copy of this order. Consequently, the connected miscellaneous petitions are also closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar rka To The Fast Track Judicial Magistrate, Mayiladuthurai, +1 cc to Mr.P.Tamilavel, Advocate Sr.No. 12997 Crl.O.P.No.3857 of 2021 BR(CO) RMP(31/03/2021) https://hcservices.ecourts.gov.in/hcservices/