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Madras High CourtCRL OP/1385/2025dismissed

A.Aathik Ahmed v. Mohamed Abdul Rahim

2025-01-22Honourable Mr Justice P. Velmurugan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.01.2025

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN Crl.O.P.No.1385 of 2025 and Crl.M.P.No.818 of 2025 A.Aathik Ahmed ... Petitioner Vs.

Mohamed Abdul Rahim ... Respondent PRAYER:

Criminal Original Petition filed under Section 8 of Bharatiya Nagarik Suraksha Sanhita Act, to set aside the order, dated 17.10.2024 made in C.M.P.No.2310 of 2024 in S.T.C.No.568/2021 on the file of the District Munsif cum Judicial Magistrate, Ranipet, by allowing the Criminal Original Petition.

For Petitioner : Ms.Amala Ananthi

O R D E R

This Criminal Original Petition has been filed to set aside the order dated 17.10.2024 passed in C.M.P.No.2310 of 2024 in S.T.C.No.568/2021 on the file of the District Munsif cum Judicial Magistrate, Ranipet.

2. Heard the learned counsel appearing for the petitioner and perused the materials available on record.

3. The respondent/complainant filed a complaint against the petitioner/ accused, under Section 200 Cr.P.C., for the offence under Section 138 read with Section 142 of the Negotiable Instruments Act in S.T.C.No.568 of 2021 on the file of the Judicial Magistrate, Ranipet. Pending STC, the petitioner/accused filed a petition in C.M.P.No.2310 of 2024 under Section 91 Cr.P.C., seeking to issue summon for production of the complainant's document and the same was dismissed by the learned Magistrate on 17.10.2024. Aggrieved over the same, the petitioner has filed this criminal original petition. 4.On a perusal of the records, it is seen that the learned Magistrate after considering the petition filed by the petitioner/accused, stage of the case and also the counter filed by the respondent/complainant, has rightly dismissed the petition. This Court does not find any reason to interfere with the order passed by the learned Magistrate.

5. In view of the above, this Criminal Original Petition is dismissed. Consequently, connected miscellaneous petition is closed. The petitioner is at liberty to take all his defence during trial before the trial court in pending S.T.C., 22.01.2025 mfa Index:Yes/No Speaking Order: Yes/No To The District Munsif cum Judicial Magistrate, Ranipet,

P.VELMURUGAN, J.

mfa Crl.O.P.No.1385 of 2025 and Crl.M.P.No.818 of 2025 22.01.2025