Madras High CourtCRL OP/8399/2025dismissed

M/S.Revathi Aqua Feeds And Chemicals v. Shenglong Bio-Tech (India)Pvt.Ltd

2025-04-07Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

1. M/s.Revathi Aqua Feeds And Chemicals, Rep. By Its Proprietor Mekala Revathi

2. Mekala Revathi

3. Murali Appamgari ... Petitioners Vs M/s Shenglong Bio-Tech (India)Pvt.Ltd, Rep.By Its Deputy Manager Shri M.Senthil ... Respondent PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023/ Section 482 of Cr.P.C, to set aside the dismissal order dated 26.02.2025 in Crl.M.P.No.2382 of 2025 passed by the learned trial court connected with S.T.C.No.8075 of 2024 (on the file of learned II Fast Track Court Metropolitan Magistrate, Allikulam at Chennai. For Petitioners : Mr.M.Illiyas For Respondent : Notice served No appearance

ORDER

This Criminal Original Petition has been filed to set aside the dismissal order dated 26.02.2025 in Crl.M.P.No.2382 of 2025 passed by the learned trial court connected with S.T.C.No.8075 of 2024, thereby dismissing

the petition filed under Section 311 of Cr.P.C.

2. Heard the learned counsel for the petitioner and perused the materials placed on record. Though notice served on the respondent and the name has been printed in the cause list, today, no one appeared on behalf of the respondent before this Court in person or through pleader.

3. The petitioners are accused in the complaint lodged by the respondent for the offence punishable under Section 138 of Negotiable Instruments Act. Pending trial, the petitioner filed an application under Section 311 of Cr.P.C to summon the stamp vendor as their defence witness, on the ground that the stamp paper purchased by the petitioners is in the name of a third person.

4. The said contention is no way connected with the charge faced by the petitioners. Therefore, the Trial Court had rightly dismissed the petition filed under Section 311 of Cr.P.C and this Court finds no infirmity or illegality in the order dated 26.02.2025 in Crl.M.P.No.2382 of 2025 passed by the learned Trial Court.

5. Accordingly, this Criminal Original Petition stands dismissed. 07.04.2025 Internet:Yes Index:Yes/No Speaking/Non speaking order mn

G.K.ILANTHIRAIYAN. J, mn To The II Fast Track Court Metropolitan Magistrate, Allikulam at Chennai.

07.04.2025