Madras High CourtCRL OP/15537/2019disposed of

K.Nandhakumar v. S.Saravanan

2019-06-18Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.06.2019

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.15537 of 2019 K.Nandhakumar

...Petitioner

-VsS.Saravanan ... Respondent Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to call for the records pending on the file of the Judicial Magistrate Court-I, Udumalpet in STC.No.201 of 2019 and quash the same.

For Petitioner : M/s.N.Umapathi

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.

https://hcservices.ecourts.gov.in/hcservices/

4. This Criminal Original Petition is disposed of with a direction to the Court below to complete the proceedings in STC.No.201 of 2019, on the file of the Judicial Magistrate Court-I, Udumalpet, within a period of four months from the date of receipt of a copy of this order.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar ub To 1.The Judicial Magistrate Court-I, Udumalpet.

2.The Public Prosecutor, High Court, Madras.

+1cc to Mr.N.Umapathi, Advocate, S.R.No.49778 Crl.O.P.No.15537 of 2019 RR(CO) RRS(16/07/2019) https://hcservices.ecourts.gov.in/hcservices/