Bharat G.Purohit v. M/S.Jindal Steels

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.03.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.3267 of 2024 and Crl.M.P.Nos.2384 & 2385 of 2024 Bharat G.Purohit, S/o.Gopal Purohit ... Petitioner Vs.

M/s. Jindal Steels, represented by its Partner, Mrs.Dimple Bajaj, W/o.Hemanth Bajaj, No.5, T.V.Koil Street, Taylors Road, Kilpauk, Chennai - 600 010.

... Respondent Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records in C.C.No.3801 of 2020 on the file of learned XXVI Metropolitan Magistrate, Fast Track Court, Egmore, Chennai and quash the same.

For Petitioner : Mr.G.Viswanathan For Respondent : Mr.M.Sachin Vijay *****

O R D E R

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This petition has been filed seeking to quash the proceedings in C.C.No.3801 of 2020 pending on the file of XXVI Metropolitan Magistrate, Fast Track Court, Egmore, Chennai.

2. The main ground that was raised by learned counsel for petitioner is that a blank cheque has been misused and that even this cheque cannot be utilized for more a sum of Rs.10,00,000/-, however, a sum of Rs.15,00,000/- has been entered in the cheque and was deposited. The cheque has been dishonoured with an endorsement "Account Closed". Hence, this issue cannot be gone into in a quash petition.

3. The grounds raised by learned counsel for 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. The facts of this case and grounds raised in the quash petition do not fall within the parameters laid down by the Apex Court in State of Haryana and others v. Bhajanlal and others [(1992) Suppl (1) SCC 335]. 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 2/4

interfere with the proceedings pending before the Court below.

4. Learned counsel for the petitioner requested this Court to dispense with the presence of the petitioner. Taking into consideration, the facts and circumstances of the case, the presence of the petitioner is dispensed with and he shall be represented by a counsel, who shall cross examine the witnesses on the same day, they are examined in Chief. The petitioner shall be present before the Court below at the time of questioning u/s.313 Cr.P.C. and at the time of passing of final judgment and as and when required by the Court below.

5. Accordingly, this Criminal Original Petition is dismissed with a direction to the Court below to complete the proceedings in C.C.No.3801 of 2020 within a period of three (3) months from the date of receipt of a copy of this order.

N.ANAND VENKATESH, J.

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The trial shall be conducted on a day to day basis in accordance with the guidelines given by Hon'ble Supreme Court reported in Vinod Kumar Vs State of Punjab [2015 (1) MLJ (Crl) 288 SC]. If the petitioner adopts any dilatory tactics, it is open to the trial Court to insist upon the presence of the petitioner and remand him to custody as per the judgment of the Hon'ble Supreme Court in STATE OF UTTAR PRADESH VS. SHAMBHU NATH SINGH (JT 2001 (4) SC 3191). Consequently, connected miscellaneous petitions are closed. 15.03.2024 Speaking Order/Non-speaking Order Index :Yes/No gm To The XXVI Metropolitan Magistrate, Fast Track Court, Egmore, Chennai Crl.O.P.No.3267 of 2024 4/4