Madras High CourtCRL OP/5200/2021disposed of

R.Saravanakumar v. M/S. Abhay Finance

2021-03-17Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.03.2021

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P No.5200 of 2021 and Crl.M.P Nos.3344 & 3346 of 2021 Saravana Kumar S/o.Rasu

...Petitioner/Accused

Vs.

M/s.Abhay Finance, Prop: K.Sunil Kumar Jain

...Respondent/Complainant

PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to quash the proceedings in C.C.No.2036 of 2019 on the file of the learned FTC-IV, Metropolitan Magistrate at Chennai as abuse of process of law and devoid of merits.

For Petitioner : Mr.R.Paul Sukumar

ORDER

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

2. The grounds raised by the counsel for the petitioner are 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 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 he shall be represented by a counsel, who shall cross examine the witnesses on the same day, they are examined in Chief. The petitioner shall be present before the Court below at the time of https://hcservices.ecourts.gov.in/hcservices/

questioning under Section 313 Cr.P.C and at the time of passing of the final judgement.

4. Accordingly, this Criminal Original Petition is dismissed and the Court below is directed to complete the proceedings in C.C.No.2036 of 2019, within a period of three months from the date of receipt of copy of this order. Consequently, the connected miscellaneous petitions are also closed.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar kal To The learned Metropolitan Magistrate, FTC-IV, at Chennai.

CRL.O.P No.5200 of 2021 and Crl.M.P Nos.3344 & 3346 of 2021 pl[co] srg 26/07/2021 https://hcservices.ecourts.gov.in/hcservices/