M/S.Teja Machinery Pvt Ltd v. Brijesh Trehan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.03.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.5511 of 2019 and Crl.M.P.Nos.3150 & 3152 of 2019 1.M/s.Teja Machinery Pvt Ltd Rep by its Directors Punitha Muthu & Sethuraman Muthu @ Muthu Kumarappan No.1227, 1st floor, 18th main road, Anna Nagar, Chennai.

2.Mrs.Punitha Muthu 3.Sethuraman Muthu @ Muthu Kumarappan ... Petitioners Vs Brijesh Trehan ... Respondent Prayer : Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records culminating in C.C.No.682 of 2018 dated 10.08.2018 on the file of the learned Judicial Magistrate, Fast Track Court at Ambattur and quash the same.

For Petitioners : M/s.S.Sivaraman

ORDER

This Criminal Original Petition has been filed to quash the proceedings in C.C.No.682 of 2018 on the file of the learned Judicial Magistrate, Fast Track Court, Ambattur. 2.

The learned Counsel appearing for the petitioners would submit that the petitioners are an innocent person and they have not committed any offence as alleged by the prosecution. Without any base, charge sheet has been filed in C.C.No.682 of 2018 for the offences under Section 138 r/w Section 141 of the Negotiable Instruments Act, as against the petitioners before the learned Judicial Magistrate, Fast Track Court, Ambattur. Hence, he prayed to quash the same.

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3.

Heard learned counsel for the petitioners and perused the materials on record.

4. Considering the facts and circumstances of this case, this Court does not find any merit in this petition and is not inclined to quash the proceedings in C.C.No.682 of 2018 on the file of the learned Judicial Magistrate, Fast Track Court at Ambattur. Accordingly, this Criminal Original Petition is dismissed. Consequently, connected miscellaneous Petition in Crl.M.P.No.3150 of 2019 is closed. 5.

However, considering the age of the second and third petitioners, this Court is inclined to dispense with the presence of the second and third petitioners except on the dates, which the trial court insisted for framing of charges, preliminary question under Section 311 of Cr.P.C. and on the date of judgment etc. Hence, Crl.M.P.No.3152 of 2019 is ordered.

Sd/- Assistant Registrar(Co) //True Copy// Sub Assistant Registrar sbn/nl To

1. The Judicial Magaistrate,Fast Track Court, Ambattur.

2. The Public Prosecutor, HighCourt, Madras.

Crl.O.P.No.5511 of 2019 and Crl.M.P.Nos.3150 & 3152 of 2019 A.SK(20/03/2019) https://hcservices.ecourts.gov.in/hcservices/