← Library
Madras High CourtCRL OP/6525/2024disposed of

M/S.Ashok Automation Rep By v. Jagadeesan

2024-03-19Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.03.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P No.6525 of 2024 and Crl MP No.4793 of 2024 M/s.Ashok Automation rep.

By its proprietor Ashok raja S/o.Vijayarangam No.114, Thiyagaraja Street, Puducherry, Having business at Old No.62, New No.227 S.V.PAtel Salai, Puducherry - 605 001

...Petitioner/Accused

Vs.

Jagadeesan

...Respondent/Complainant

PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records relating to the STC No.2423 of 2021 on the file of Judicial Magistrate Court No.I, Puducherry.

For Petitioner : Mr.C.Prabakaran

ORDER

This petition has been filed challenging the proceedings initiated by the respondents against the petitioner under Section 138 A and 142 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. The facts of this case and grounds raised the quash petition does not fall within the parameters laid down by the Apex Court in Bhajan Lal case reported in (1992) Suppl (1) SCC 335. 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. Accordingly, this Criminal Original Petition is dismissed and the Court below is directed to complete the proceedings in S.T.C.No.2423 of 2021, within a period of three months from the date

of receipt of copy of this order. Consequently, the connected miscellaneous petition is also closed.

19.03.2024 Speaking Order/Non-Speaking Order Index: Yes/No Internet: Yes/No rka To

1. The Judicial Magistrate Court No.I, Puducherry.

2. The Public Prosecutor, High Court, Madras.

N.ANAND VENKATESH.J., rka CRL.O.P No.6525 of 2024 and Crl MP No.4793 of 2024 19.03.2024