Madras High CourtCRL OP/16216/2019disposed of

S.Venkatraman v. K.Vimala

2019-06-25Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.06.2019

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.16216 of 2019 and Crl.M.P No.8106 of 2019 S.Venkatraman Petitioner vs.

K.Vimala Respondent PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to call for the records in C.C.No.3142 of 2018, pending on the file of the Metropolitan Magistrate, Fast Track Court No.III, Saidapet, Chennai - 600 015 and quash the same.

For Petitioner : M/s.C.Umashankar

ORDER

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

2. The various grounds raised by the learned counsel for the petitioner are all factual in nature and the same requires appreciation of evidence in the course of the trial and the said exercise cannot be done by this Court in exercise of its jurisdiction under Section 482 of Cr.P.C. It is left open to the petitioner to raise all the grounds before the Court below and the Court below shall consider the same on its own merits and in accordance with law. This Court does not want to interfere with the proceedings at this stage.

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

4. This Criminal Original Petition is disposed of with a direction to the Court below to complete the proceedings in C.C.No.3142 of 2018, on the file

of the Metropolitan Magistrate, Fast Track Court No.III, Saidapet, Chennai - 600 015, within a period of three months from the date of receipt of a copy of this order.

25.06.2019 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order ub To 1.The Metropolitan Magistrate, Fast Track Court No.III, Saidapet, Chennai - 600 015.

2. The Public Prosecutor, High Court of Madras, Madras.

N. ANAND VENKATESH, J., ub Crl.O.P No.16216 of 2019 25.06.2019