Madras High CourtCRL OP/30373/2013disposed of

Vijayarani v. Murukesan

2020-01-27Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.01.2020

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No. 30373 of 2013 and M.P.Nos. 1 & 2 of 2013 Vijayarani ...

Petitioner /Accused Vs.

Murukesan ... Respondent/Accused Prayer:

Petition filed under Section 482 of Cr.P.C., seeking to quash the criminal case in C.C.No.278 of 2012 on the file of Judicial Magistrate-I at Namakkal, by allowing this quash petition.

For Petitioner : Mr.N.Ponraj For Respondent : Mr.K.S.Karthik Raja

ORDER

This criminal original petition has been filed seeking to to quash the criminal case in C.C.No.278 of 2012 on the file of Judicial Magistrate-I at Namakkal based on the private complaint was filed by the respondent under Section 138 and 142 of Negotiable Instruments Act, against the petitioner. 2.The learned counsel appearing for the petitioner would submit that without going into the merits of the case, it would suffice, if this Court issues direction to the Trial Court to expedite the trial and complete the same as early as possible. He would further submit that the appearance of the petitioner before the Trial Court may be dispensed with and would further submit that the petitioner is ready to appear as and when necessary arise.

3.The learned counsel appearing for the respondent concede to the request made by the learned counsel appearing for the petitioner.

4.In view of the above, this Court directs the learned Judicial Magistrate-I at Namakkal, to expedite the trial in C.C.No.278 of 2012 and complete the same as early as possible. The appearance of the petitioner before the Trial Court is dispensed with. However, this order will not stand on the way of the Trial Court to insist for the appearance of the petitioner for receiving copies under Section 207 of Cr.P.C., framing of charges, questioning under Section 313 of Cr.P.C. https://hcservices.ecourts.gov.in/hcservices/

and judgment and as and when the Trial Court feels it necessary.

5.With the above direction, this criminal original petition is disposed of.

Consequently, connected miscellaneous petitions, if any, are closed.

Sd/- Assistant Registrar (CS-VI) //True Copy// Sub Assistant Registrar jrs To 1.The Judicial Magistrate-I, Namakkal.

2. The Public Prosecutor, High Court, Madras.

+1cc to Mr.N.Ponraj, Advocate, S.R.No. 6818 +1cc to Mr.K.S.Karthik Raja, Advocate, S.R.No. 5973 Crl.O.P.No. 30373 of 2013 and M.P.Nos. 1 & 2 of 2013 SSP(CO) GN(27/02/2020) https://hcservices.ecourts.gov.in/hcservices/