Gaurav Sharma v. Sc Shah Corporation

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.04.2025

CORAM:

THE HON'BLE Mr. JUSTICE P.VELMURUGAN Criminal Revision Case No. 215 of 2025 Gaurav Sharma ... Petitioner ..vs..

S C Shah Corporation Represented by its Partner Mr.Suresh Kumar B Jain Through his POA Holder Mr.Divyash Jain No.57, Ormes Road, Kilpauk, Chennai - 600 010.

... Respondent Criminal Revision Case filed under Sections 438 read with 442 BNSS, 2023, to set aside the order dated 27.12.2024 made in Crl.M.P.No.16799 of 2024 on the file of the Metropolitan Magistrate, Fast Track Court at Magisterial Level No.IV at George Town, Chennai - 600 001 dismissing the petition to dispense with the personal appearance of the petitioner herein who is the third accused in S.T.C.No.1963 of 2024.

For Petitioner : Ms.T.Renu Page No.1/4

O R D E R

The Criminal Revision Case is preferred against the order dated 27.12.2024 made in Crl.M.P.No.16799 of 2024 on the file of the Metropolitan Magistrate, Fast Track Court at Magisterial Level No.IV at George Town, Chennai - 600 001.

It is seen that the respondent herein filed a complaint invoking Section 138 of Negotiable Instruments Act read with 200 Cr.P.C., in S.T.C.No.1963 of 2024 against the petitioner herein and other accused. Pending the above STC case, the petitioner, who has been arrayed as A3 in the private complaint has filed miscellaneous petition in Crl.M.P.No.16799 of 2024, seeking to dispense with his personal appearance in the above S.T.C. The learned Metropolitan Magistrate, after hearing both the parties vide order dated 27.12.2024 dismissed the petition. Challenging the said order, the petitioner/A3 is before this Court.

This revision is preferred as against the interlocutory order passed in Crl.M.P.No.16799 of 2024 in S.T.C.No.1963 of 2024. As per Page No.2/4

Section 397(2) Cr.P.C. as against any interlocutory order passed by the Court below, revision would not lie before this Court. Therefore the Criminal Revision Case stands dismissed. 15.04.2025 Index: Yes/No Speaking Order/Non Speaking Order ms To The Metropolitan Magistrate, Fast Track Court at Magisterial Level No.IV, George Town, Chennai - 600 001.

Page No.3/4

P.VELMURUGAN, J.

ms 15.04.2025 Page No.4/4