Josephraj v. Sundar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:15.02.2021

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P No.2598 of 2021 and Crl.M.P No.1417 of 2021 Josephraj

...Petitioner

Vs.

Sundar

...Respondent

PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, praying to call for the records in C.C No.108 of 2018 pending on the file of learned District Munsif cum Judicial Magistrate, Neyveli and quash the same. For Petitioner : G.V.Sridharan For Respondent : No appearance

ORDER

This petition has been filed challenging the proceedings initiated by the respondent 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 below 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. Accordingly, this Criminal Original Petition is dismissed with a direction to the Court below to complete the proceedings in C.C No.108 of 2018 pending on the file of learned https://hcservices.ecourts.gov.in/hcservices/

District Munsif cum Judicial Magistrate, Neyveli, within a period of three months from the date of receipt of a copy of this order. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar uma To The District Munsif cum Judicial Magistrate Neyveli.

CRL.O.P No.2598 of 2021 and Crl.M.P No.1417 of 2021 GPL[CO] SRG 22/03/2021 https://hcservices.ecourts.gov.in/hcservices/