Vasudevan v. A.Shanmugam
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.03.2019
CORAM
THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.3442 of 2019 and Crl.O.P.No.2196 & 2197 of 2019 Vasudevan ... Petitioner Vs A.Shanmugam ... Respondent Prayer : Criminal Original Petition is filed under Section 438 of Criminal Procedure Code, to set aside the order dated 19.11.2018 made in C.M.P.No.2887 of 2018 in S.T.C.No.134 of 2018 on the file of Judicial Magistrate Court No.III, Salem and to allow the above Criminal Original Petition.
For Petitioner :
Mr.C.Prabakaran
O R D E R
This Criminal Original Petition has been filed challenging the order dated 19.11.2018, passed in C.M.P.No.2887 of 2018 in S.T.C.No.134 of 2018 on the file of the Judicial Magistrate Court No.III, Salem.
2.The petitioner is facing trial before the learned Judicial Magistrate No.III, Salem for the offences under Sections 138 & 142 of the Negotiable Instruments Act. The petitioner filed a C.M.P.No.2887 of 2018 in S.T.C.No.134 of 2018 seeking to stop the proceedings till the criminal complaint instituted by the petitioner is concluded by the Police. But, the Court below dismissed the petition filed by the petitioner. Hence, the present petition filed to set aside the order passed by the Court below.
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3.It is seen that the Court below dismissed the petition on the ground that the points raised by the petitioner to stop the proceedings in S.T.C.No.134 of 2018 is not sufficient and is an abuse of process of law. This Court is does not find any illegality or infirmity in the order passed by the Court below. 4.Accordingly, this Criminal Original Petition is dismissed. Consequently, connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar (Insp.Cell) //True Copy// Sub Assistant Registrar vv2 To
1. The Judicial Magistrate Court No.III, Salem.
2. The Public Prosecutor, High Court, Madras.
Crl.O.P.No.3442 of 2019 BR(CO) SSM(30/04/2019).
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