Madras High CourtCRL OP/15943/2015granted

N.Sangameswaran v. Arunkumar

2017-02-17Honourable Mr Justice R. Mahadevan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.02.2017

CORAM

THE HONOURABLE MR. JUSTICE R.MAHADEVAN Crl.O.P.No.15943 of 2015 and MP No.1 of 2015 and Crl.MP No.1768 of 2017 N.Sangameswaran T.N.Palayam Union Middle School ... Petitioner Vs 1.Arunkumar 2.Jayanthi ... Respondents Criminal Original Petition filed under Section 482 Cr.P.C. to call for the records in CC No.45 of 2013 in the Judicial Magistrate Fast Track Court, Tiruppur filed by the first respondent herein against the petitioner and quash the same.

For Petitioner :

Mr.T.Ganesan For R1 :

Mr.V.Paarthiban

ORDER

This Criminal Original Petition has been filed to call for the records in CC No.45 of 2013 pending on the file of the learned Judicial Magistrate, Fast Track Court, Tiruppur and quash the same.

2. Today, when the matter was taken up for consideration, the learned counsel for the first respondent/complainant fairly submitted that the complaint lodged against the petitioner herein/A1 may not survive, as he was not a signatory of the cheque in question. The said submission is recorded.

3. In view of the above submission made by the learned counsel for the first respondent, the criminal proceedings in CC No.45 of 2013 on the file of the learned Judicial Magistrate, https://hcservices.ecourts.gov.in/hcservices/

Fast Track Court, Tiruppur is quashed, insofar as the petitioner is concerned. The learned Judicial Magistrate, Fast Track Court, Tiruppur is directed to proceed with the case in CC No.45 of 2013 pending on his file, against the second respondent/A2, by name Jayanathi, and dispose of the same, on merits and in accordance with law, as expeditiously as possible.

4. Accordingly, this Criminal Original Petition is ordered. Consequently, connected Miscellaneous Petitions are closed.

sd/ Assistant Registrar(CS VIII) /true copy/ Sub Assistant Registrar rk To The Judicial Magistrate, Fast Track Court, Tiruppur. +1cc to Mr.V.Paarthiban, Advocate SR.No.10400 +1cc to Mr.T.Ganesan, Advocate SR.No.10461 Crl.O.P.No.15943 of 2015 KK(CO) GN(07/03/2017) https://hcservices.ecourts.gov.in/hcservices/