R.Radha @ Radha Ramalingam v. Madhan Raj
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.02.2025
CORAM:
THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.3775 of 2024 and Crl.M.P. No.2770 of 2024 R.Radha @ Radha Ramalingam ... Petitioner Vs.
Madhan Raj ... Respondent Prayer: Criminal Original Petition filed under section 482 of Criminal Procedure Code, to set aside the Order dated 26.08.2023 made in unnumbered Crl.M.P.S.R. No.1087 of 2023 in S.T.C. No.3156 of 2022 on the file of the learned Judicial Magistrate No.5, Salem. For Petitioner : Mr.S.Vinod
O R D E R
This Petition has been filed challenging the order passed in unnumbered Crl.M.P.S.R. No.1087 of 2023 in S.T.C. No.3156 of 2022 on the file of the learned Judicial Magistrate No.5, Salem dated 26.08.2023, thereby rejected the Application is not maintainable.
2. It is seen that the petitioner is an accused in STC. No.3156 of 2023 filed by the respondent for offence under Section 138 of the Negotiable Instruments Act, 1881. While pending the complaint, the petitioner filed a petition to drop all further proceedings on the ground of jurisdiction and also claiming that the congnizance taken against the petitioner/accused is erroneous.
3. Now the jurisdiction issue has been settled and as such the Application filed by the petitioner was rightly rejected by the Trial Court as not maintainable and this Court finds no infirmity or illegality in the order dated 26.08.2023 made in unnumbered Crl.M.P.S.R. No.1087 of 2023 in S.T.C. No.3156 of 2022 on the file of the learned Judicial Magistrate No.5, Salem and this petition is devoid of merits and is liable to be dismissed.
4. Accordingly, this Criminal Original Petition is dismissed. Consequently, connected Miscellaneous petition is closed. 18.02.2025 Internet : Yes / No Index : Yes / No Speaking / Non Speaking order rkp
To
1. The Judicial Magistrate No.5, Salem.
2. The Public Prosecutor, High Court, Madras.
G.K.ILANTHIRAIYAN, J.
rkp Crl.O.P.No.3775 of 2024 and Crl.M.P. No.2770 of 2024 18.02.2025