S.Sujith v. M/S.Amman Battery Industries

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.06.2019 CORAM :

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Crl.O.P.No.15216 of 2019 and Crl.M.P.No.7464 and 7465 of 2019 S.Sujith .. Petitioner Vs.

M/s.Amman Battery Industries, Represented by its Senior Manager/Authorized Signatory, Kumar having its Registered Office at S.F.No.7/243, A.Jettyhalli, Thokkampatti (Post), Dharmapuri - 636 705.

.. Respondent Criminal Original Petition filed under Section 482 of Cr.P.C. to call for the records relating the proceedings in C.C.No.7 of 2018 on the file of the learned Judicial Magistrate No.I, Dharmapuri and quash the same.

For Petitioner : Mr.M.Saravanakumar

O R D E R

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 learned counsel for the petitioner raised various grounds before this Court and all these grounds are factual in nature and the same cannot be gone into by this Court in exercise of its jurisdiction under Section 482 of Cr.P.C. and it requires appreciation of evidence. It is left open to the petitioner to raise all the grounds before the Court below and the same shall be considered on its own merits and in accordance with law.

3.The learned counsel for the petitioner submitted that the petitioner is intending to compromise the dispute with the respondent. The petitioner is at liberty to inform the Court below about his intention to settle the dispute, the Court below https://hcservices.ecourts.gov.in/hcservices/

shall give an opportunity to the parties to settle the dispute among themselves. This Court is not inclined to interfere with the proceedings at this stage.

4.This Criminal Original Petition is disposed of with the direction to the Court below to complete the proceedings within a period of four months from the date of receipt of a copy of this order. The petitioner shall be represented by a counsel before the Court below and he shall appear before the Court below as and when required by the Court during the course of proceedings. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar vs To 1.The Judicial Magistrate No.I, Dharmapuri.

2.The Chief Judicial Magistrate, Dharmapurai.

+1 cc to Mr.M.Saravanakumar, Advocate, S.R.No.48793(01/07/2019) Crl.O.P.No.15216 of 2019 and Crl.M.P.No.7464 and 7465 of 2019 EV(CO) SSM(17/06/2019) SSM(01/07/2019) https://hcservices.ecourts.gov.in/hcservices/