D.Parvathi v. B.Selvi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.03.2021

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P No.5533 of 2021 and Crl.M.P No.3563 of 2021 D.Parvathi

...Petitioner

Vs.

B.Selvi ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the entire records pertaining to STC. No.1203 of 2019 on the file of the learned Judicial Magistrate, Thiruvottiyur and quash the same. For Petitioner : Mr.K.Manikandan

ORDER

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

2. The grounds raised by the counsel for the petitioner is 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 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 interfere with the proceedings pending before the Court below.

3. The 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 she shall be represented by a counsel, who shall cross examine the witnesses on the same day, she is examined in Chief. The petitioner shall be present before the Court below at the time of framing of charges, questioning under Section 313 Cr.P.C and at the time of passing of the final judgment.

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4. Accordingly, this Criminal Original Petition is disposed of with a direction to the Court below to complete the proceedings in STC. No.1203 of 2019 within a period of three months from the date of receipt of a copy of this order. 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 them 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 petition is also closed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar rli To The Judicial Magistrate, Thiruvottiyur +1 cc to Mr. K.Manikandan, Advocate Sr No.19098 CRL.O.P No.5533 of 2021 and Crl.M.P No.3563 of 2021 22.03.2021 GPL(CO) RG.23.04.2021(2P/3C) https://hcservices.ecourts.gov.in/hcservices/