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Madras High CourtCRL OP/3859/2017allowed

S.Srinivasan, M/48ys, v. M.Ezhil Arasan, M/47yrs,

2017-08-04Honourable Mr Justice M.S. Ramesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.08.2017

CORAM

THE HONOURABLE MR.JUSTICE M.S.RAMESH Criminal Original Petition No.3859 of 2017 and Crl.O.P.Nos.2846, 2847 & 3859 of 2017 S.Srinivasan ... Petitioner Vs.

M.Ezhil Arasan ... Respondent Prayer: Criminal Original petition filed under Section 482 of Cr.P.C, to set aside the order passed by the learned Metropolitan Magistrate, Fast Track Court-IV, George Town, Chennai, dismissing the 91 Cr.P.C. petition filed in Crl.M.P.No.208 of 2017 in c.c.No.1229 of 2013 by its order dated 13.02.2017.

For Petitioner : Mr.J.Suresh For Respondent : Mr.K.Anandakumar

O R D E R

There is nothing on record to show that the statement, which is said to be marked under Section 91 of Criminal Procedure Code, relates between the period 2007 to 2009, has nexus in the cause of auction to the impugned proceedings.

2. Admittedly, the impugned cheques have been issued in

the year 2016 and according to the complainant, cause of auction arose in the year 2013. The documents, which are now sought to be produced before the Court, in my view, are not relevant documents to decide the case.

3. At this juncture, the learned counsel for the petitioner raised a ground stating that the statements, which he relies upon are the transactions, which arose in the present cause of auction. It is always open to the petitioner to elucidate these aspects during the course of trial.

4. With the above observation, this Criminal Original Petition stands dismissed. Consequently, connected miscellaneous petitions are closed. The trial Court shall endeavour to complete the trial as expeditiously as possible.

04.08.2017 Speaking/Non-speaking order Index : Yes/No mrp

M.S.RAMESH,J.

mrp Crl.O.P.No.3859 of 2017 04.08.2017