R.Meenakshisundaram v. Kantilal Bansali

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.07.2018

CORAM

THE HONOURABLE Mr.JUSTICE M. NIRMAL KUMAR Crl.O.P.No.22155 of 2010 and M.P.Nos.1 & 2 of 2010 R.Meenakshisundaram, M/s.Sree Akkiniyayee Amman Pictures, Gopalapuram, Coimbatore - 18.

... Petitioner/Accused

Versus

Kantilal Bansali ... Respondent/Complainant PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the records in Crl.R.C.No.156 of 2009 on the file of the V Additional Sessions Court, City Civil Court, Chennai and set aside the order dated 29.06.2010 made in Crl.R.C.No.156 of 2009 and also call for the records in C.C.No.2615 of 2003 on the file of the VIII Metropolitan Magistrate Court, George Town, Chennai and set aside the order made in Crl.M.P.No.622 of 2009, dated 18.08.2009.

For Petitioner : No appearance

O R D E R

This Criminal Original Petition is filed to call for the records in Crl.R.C.No.156 of 2009 on the file of the V Additional Sessions Court, City Civil Court, Chennai and set aside the order dated 29.06.2010 made in Crl.R.C.No.156 of 2009 and also call for the records in C.C.No.2615 of 2003 on the file of the VIII Metropolitan Magistrate Court, George Town, Chennai and set aside the order made in Crl.M.P.No.622 of 2009, dated 18.08.2009.

2.There was no representation for the petitioner on 29.06.2018, hence, the case has been posted "for dismissal". Today also there has been no representation on either side, when the case was called in the morning. Thereafter, again when it was taken up after lunch session, now also there has been no representation.

3.On perusal of the Criminal Original Petition filed by the accused in Crl.R.C.No.156 of 2009 against Crl.M.P.No.622 of 2009 in C.C.No.2615 of 2003 pending on the file of the VIII Metropolitan Magistrate, George Town, Chennai, it is seen that the petitioner, who is an accused in C.C.No.2615 of 2003 had filed a petition to send the promissory note to the Forensic Science Department to compare the hand writings in words and https://hcservices.ecourts.gov.in/hcservices/

figures in the promissory note, which was dismissed by the Trial Court.

4.Against which, the petitioner/accused had filed a Revision before the V Additional Sessions Court, City Civil Court, Chennai. The learned V Additional Sessions Judge, City Civil Court has confirmed the Trial Court order. Aggrieved by the same, the accused has filed this Criminal Original Petition, which is in the nature of the second revision, which is not maintainable.

5.In view of the above, this Court has dismissed the above said Criminal Original Petition both on the ground of nonprosecution as well as on the ground of non-maintainability. Consequently, the connected Miscellaneous Petitions are also closed.

-s/d- Assistant Registrar(CS-VI) True Copy Sub-Assistant Registrar ah To 1.The V Additional Sessions Judge, City Civil Court, Chennai.

2.The VIII Metropolitan Magistrate, George Town, Chennai.

PA(CO) sm:6.8.2018 Crl.O.P.No.22155 of 2010 https://hcservices.ecourts.gov.in/hcservices/