M/S.Prisaitine Venutures v. M/S.Mrs.Vidya Ragu, M/A 31 Yrs

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.01.2022

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR CRL. O.P. NO.11685 OF 2018 AND CRL.M.P.NOS.6103 AMD 6104 OF 2018

1. M/s.Prisaitine Ventures, Rep. by its partner, A.Lakshmi Priya No.2/100, MGR Street, Semmancheri, Chennai - 600 119.

2. A.Lakshmi Priya Partner, M/s.Prisaitine Ventures, Chennai - 119.

3. Backiam Partner, M/s.Prisaitine Ventures, Chennai - 119.

... Petitioners -VersusVidya Ragu ... Respondent PRAYER:- Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records in S.T.C.No.3274 of 2017, on the file of Judicial Magistrate at Tambaram and quash the same. For Petitioners :

Mr.K.Thenrajan For Respondent :

Mr.C.R.Malarvannan

ORDER

This Criminal Original Petition is heard through Video-Conferencing, on account of the COVID-19 pandemic situation.

https://hcservices.ecourts.gov.in/hcservices/

2. This Criminal Original Petition has been filed to quash the proceedings in S.T.C.No.3274 of 2017, on the file of Judicial Magistrate at Tambaram.

3. The only contention of the learned counsel appearing for the petitioners is that the Franchise Agreement has been cancelled by the petitioner, the question of payment of franchise fee does not arise at all and the cheque issued towards the same cannot be enforceable debt in the eye of law.

4. This court, after hearing the learned counsel for sometime, and about to dismiss this petition, the learned counsel appearing for the petitioners seeks the indulgence of this Court to dispense with the personal appearance of the petitioners before the trial court.

5. Accordingly, while dismissing the criminal original petition, the personal appearance of the petitioners/accused before the trial Court is dispensed with, except for receipt of copies, answering the charges, questioning under Section 313 Cr.P.C., or on any other date as may be required by the trial Court. It is very well open to the petitioners/accused to raise all their defence before the trial Court. Consequently, the connected criminal miscellaneous petitions are closed. Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar psa/asr To 1.

The Judicial Magistrate, Tambaram.

2.

-Do Thro The Chief Judicial Magistrate, Egmore, Chennai.

+1cc to Mr.K.Thenrajan, Advocate, S.R.No.2461 +1cc to Mr.N.Mohideen Basha, Advocate, S.R.No.2457 CRL.O.P.NO.11685 OF 2018 PM(CO) PBS/31/01/2022 https://hcservices.ecourts.gov.in/hcservices/