V.Vishwamber v. M.Elumalai

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.03.2026

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN V.Vishwamber S/o. Vimalchand, Prop Of Santhosh Realtors, No.56/76, E.V.K, Sampath Road, Vepery, Chennai 600 007.

..Petitioner(s) Vs M.Elumalai S/o.Murugesan, No.13, Station Road, Kaattangulathur, Chengalpattu, Kancheepuram.

..Respondent(s) PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records relating to C.C.No.100 of 2020 on the file of the Judicial Magistrate II Court, Chengalpattu and quash the same. For Petitioner(s):

No appearance

ORDER

This petition has been filed to quash the proceedings in C.C.No.100 of 2020 on the file of the learned Judicial Magistrate II, Chengalpattu, thereby taken cognizance for the offence punishable under Section 138 of the Negotiable Instruments Act, as against this petitioner.

2.

When the matter was listed for admission on 12.04.2023, at the request of the learned counsel appearing for the petitioner, the matter was adjourned to 19.04.2023. On 19.04.2023, there was no representation for the petitioner. Thereafter, the petitioner did not take any steps to list the matter for admission. This matter is pending for the past three years, without even ordering notice to the counter party. Even today also, there was no representation for the petitioner either by person or through pleader. It shows that the petitioner has no interest to proceed with the case. 3.

In view of the above, the Criminal Original Petition stands dismissed as default.

03.03.2026 Index : Yes/No : Yes/No Speaking/non-speaking order rts

To

1. The Judicial Magistrate II, Chengalpattu.

G.K.ILANTHIRAIYAN. J, rts 03.03.2026