Madras High CourtCRL OP/6734/2018disposed of

Kannammal National v. M/S.Shree Angaalamman Hotel

2021-08-13Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.08.2021

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.6734 of 2018 and Crl.M.P.Nos.3458 & 3459 of 2018

1. Kannammal National Matriculation Higher Secondary School, Rep by its Chairman Mr.S.Subramaniam Tiruppur Road, Palladam-641 664.

2. Mr.S.Subrammanian Chairman/Managing Trustee, Kannammal National Matriculation Higher Secondary School, Tiruppur Road, Palladam.

3. Ms.S.Aparajitha Krishna Managing Trustee, Kannammal National Matriculation Higher Secondary School, Tiruppur Road, Palladam.

4. Mrs.E.Manjuladevi Principal/Authorized Signatory Kannammal National Matriculation Higher Secondary School, Tiruppur Road, Palladam.

5. Mrs.C.Sangeetha Head of Teachers/Authorized Signatory Kannammal National Matriculation Higher Secondary School, Tiruppur Road, Palladam.

.. Petitioners/Accused 1 to 5 Vs.

M/s.Shree Angaalamman Hotel and Catering Service, Rep.by its Manager, Mr.John Peter, Vilankurichi Road, Coimbatore 641 035.

.. Respondent/comoplainant Prayer : This Criminal Original Petition filed under Section 482 of Cr.P.C. to call for the records and to quash the complaint in C.C.No.1093 of 2017 on the file of the Judicial Magistrate No.II, FTC, Coimbatore.

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For Petitioners : Mr.K.V.Babu for Mr.K.R.B.Dharanee For Respondent : Mr.Karthick Rajan

O R D E R

This petition has been filed challenging the proceedings initiated by the respondent against the petitioners under Section 138 of Negotiable Instruments Act.

2. The grounds raised by the counsel for the petitioners 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 petitioners to raise all the grounds before the Court 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. The learned counsel for the petitioners requested this Court to dispense with the presence of the petitioners. Taking into consideration, the facts and circumstances of the case, the presence of the petitioners are dispensed with and they shall be represented by a counsel, who shall cross examine the witnesses on the same day, they are examined in Chief. The petitioners shall be present before the Court below at the time of questioning under Section 313 Cr.P.C and at the time of passing of the final judgement.

4. In the result, this Criminal Original Petition is disposed of and the Court below is directed to complete the proceedings in C.C.No.1093 of 2017 as expeditiously as possible. Consequently, the connected miscellaneous petitions are also closed.

Sd/- Assistant Registrar (CS-CO) // True Copy // Sub Assistant Registrar Vv To The Judicial Magistrate, No.2, FTC, Coimbatore. +1CC to Mr.K.R.B.Dharanee, Advocate, SR.No. 40512 Crl.OP.No.6734 of 2018 GPL(CO) B.VC (07/09/2021) https://hcservices.ecourts.gov.in/hcservices/