V.Manikandaraj v. T.Ravichandran
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.11.2018
CORAM
THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Crl.OP.No.4169 of 2014 and Crl.MP.Nos.1 & 2 of 2014 V.Manikandaraj ... Petitioner/Accused Vs.
T.Ravichandran ...Respondent/Complainant PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C to call for the records in S.T.C.No.1791 of 2013 pending on the file of the Judicial Magistrate No.I, Pollachi, Coimbatore District and quash the same. For Petitioner : Mr.N.Sudharsan For Respondent : Mr.S.Ramachandran
ORDER
This Criminal Original petition has been filed seeking to quash the proceedings in S.T.C.No.1791 of 2013 pending on the file of the Judicial Magistrate No.I, Pollachi, Coimbatore District.
2. The ground that has been raised by the petitioner is that the cheque was stolen from the petitioner and there is no existing debt or liability in this case. The petitioner has also given a police complaint in this regard and the same has been registered in Crime No.649 of 2010. According to the petitioner even the cheque number has not been mentioned in the statutory notice.
3. The grounds that have been raised by the petitioner are all factual in nature and the petitioner has to establish all these facts only before the Court below during the course of proceedings. This Court cannot interfere with the proceedings on these factual issues. Therefore, this Court does not find any merits in this criminal original petition.
4. This Criminal Original Petition is dismissed and there shall be a direction to the Court below to complete the proceedings in STC.No.1791 of 2013 within a period of https://hcservices.ecourts.gov.in/hcservices/
three months from the date of receipt of a copy of this order. Consequently, connected miscellaneous petitions are closed.
Sd/- Assistant Registrar(Co) //True Copy// Sub Assistant Registrar msrm/rpl To The Judicial Magistrate No.I, Pollachi, Coimbatore District.
+1cc to Mr.S.Ramachandran , Advocate SR.No. 77936 Crl.OP.No.4169 of 2014 and Crl.MP.Nos.1 & 2 of 2014 ASK(04/12/2018) https://hcservices.ecourts.gov.in/hcservices/