Sujatha, F/35 v. N.Arulvelan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.10.2019

CORAM

THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.Nos.9462 of 2018 and 19081 & 19958 of 2019 and Crl.M.P.Nos.4881 and 4882 of 2019 1.Sujatha 2.Ulaganathan

...Petitioners in Crl.O.P.No.9462 of 2018

Sujatha ... Petitioner in Crl.O.P.No.19958 of 2019 1.R.Sujatha 2.R.Ulaganathan ... Petitioners in Crl.O.P.No.19081 of 2019 (this Crl.OP. is dismissed in so far as the 2nd Petitioner concerned) Vs N.Arulvelan

...Respondent in all Crl.O.Ps

COMMON PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, to call for the records and quash all proceedings in STC.No.601 of 2011 on the file of the Judicial Magistrate No.II, Chidambaram in ST.No.601 of 2011 for offence under Section 138 N.I.Act.

For Petitioners in Crl.OP.No.9462 of 2018 : Mr.B.Vasudevan For Petitioner in Crl.OP.No.19081 of 2019 : Mr.S.Doraisamy For Petitioner in Crl.OP.No.19958 of 2019 : Mr.A.Sundaravadhanam For Respondent in All the Petitions : No appearance 1/2 https://hcservices.ecourts.gov.in/hcservices/

COMMON ORDER The prayer in all these three petitions namely Crl.O.P.No.9462 of 2018, 19081 & 19558 of 2019 are one and the same seeking for quashing the proceedings in STC.No.601 of 2011 on the file of the learned Judicial Magistrate II, Chidambaram. Apparently, the prayer in all these petitions, being one and the same, would amount to an abuse of process of law and on this short ground, all these three petitions are liable to be rejected.

3.This Court has taken into consideration the prejudice that would be caused to the respondents in defending these vexations petitions by engaging counsel. In view of the same, it would be appropriate to impose exemplary costs, which may secure the interest of the respondents herein and thereby, the ends of justice could be secured.

4.In the light of the above observations, all these three Criminal Original Petitions stands dismissed. The petitioners shall pay a sum of Rs.30,000/- to the respondent herein by way of costs within a period of 30 days from the date of receipt of a copy of this order. The petitioners shall file a memo before the trial Court evidencing the payment of costs to the respondent.

5.The trial Court shall endeavour to complete the proceedings in STC.No.601 of 2011 as expeditiously as possible , in any event within a period of 3 months from the date of receipt of a copy of this order. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar To The Judicial Magistrate No.II, Chidambaram.

+1 cc to M/s.S.Doraisamy,Advocate Sr.No. 88904 +1 cc to M/s.C.Prabakaran,Advocate Sr.No. 88159 +2 cc to Mr.M.Vinoth, Advocate Sr.Nos.88160 and 88161 AKM/24.01.2020/2P-6C / Crl.O.P.Nos.9462 of 2018 and 19081 & 19958 of 2019 and Crl.M.P.Nos.4881 & 4882 of 2019 2/2 https://hcservices.ecourts.gov.in/hcservices/