Kabirdas v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.12.2018

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.2792 of 2015 and M.P.No.1 of 2015 1.Kabirdas 2.Prakash 3.Subash 4.Ravi

...Petitioners

-Vs1. State, rep by The Inspector of Police, CBCID Police, Thiruvallur District.

2. M/s Cholamandalam M.S.

Insurance Company Limited, Titan House, 5th Floor, No.72, Rajaji Salai, Chennai-600 001.

...Respondents

Prayer:

Criminal Original petition is filed under Section 482 of Cr.P.C, to call for the records in C.C.W.No.409 of 2010 on the file of Learned Judicial Magistrate-I, Thiruvallur, Thiruvallur District, and quash the Charge Sheet to the extent of the petitioners herein are concerned.

For Petitioner : Mr.E.Bala Murali For Respondent : Mr.M.Mohammed Riyaz Additional Public Prosecutor for R1

ORDER

This Criminal Original Petition has been filed to quash the proceedings in C.C.W.No.409 of 2013 filed by the respondent under Section 138 of Negotiable Instruments Act. 2.

The issues raised by the petitioners are all factual in nature and the same cannot be gone into by this Court in https://hcservices.ecourts.gov.in/hcservices/

exercise of its jurisdiction under Section 482 of Cr.P.C. The petitioner can raise all these points only before the Court below in the course of the trial.

3. Accordingly, this Criminal Original Petition is dismissed and the Court below is directed to complete the proceedings in C.C.W.No.409 of 2013, within a period of two months from the date of receipt of a copy of this order, if it is not already been disposed of. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar rka/jen To

1. The Inspector of Police, CBCID Police, Thiruvallur District.

2. The Public Prosecutor, High Court of Madras.

3. The Judicial Magistrate - I, Tiruvallur.

Crl.O.P.No.2792 of 2015 and M.P.No.1 of 2015 CS/25/03/2019 https://hcservices.ecourts.gov.in/hcservices/