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Madras High CourtCRL OP/16193/2019disposed of

Arun v. Boopalan

2019-07-01Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.07.2019

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.16193 & 17016 of 2019 and Crl.M.P Nos.8091 & 8092 of 2019 Arun ... Petitioner in both Crl.O.Ps vs.

The State rep. by its The Inspector of Police, Vellagoundenpatti Police Station, Namakkal, Namakkal District.

... Respondent in Crl.O.P.No.17016 of 2019 Boopalan ... Respondent in Crl.O.P.No.16193 of 2019 PRAYER in Crl.O.P.No.16193 of 2019: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records and quash the proceedings in STC No.185 of 2019 pending on the file of the Fast Track Judicial Magistrate No.II, Erode.

PRAYER in Crl.O.P.No.17016 of 2019: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondent police to file a final report in Crime No.45 of 2019.

For Petitioner : Mr.N.Umapathi in both Crl.O.Ps For Respondents: Mr.M.Mohamed Riyaz Additional Public Prosecutor in Crl.O.P.No.17016 of 2019 C O M M O N O R D E R The petitioner is facing criminal prosecution initiated by the respondent under Section 138 of the Negotiable Instruments Act. The defence of the petitioner is that the cheques were stolen and it was filled up and its being misused against the petitioner. The petitioner has also given a complaint in this

regard to the respondent police and an FIR was registered in Crime No.45 of 2019 and investigation is still pending.

2. The learned counsel for the petitioner submitted that the petitioner apart from taking the defence that the cheques have been stolen and it was filled up and used against the petitioner, also wants to prosecute the respondent for the offence under Sections 380, 467, 468 and 471 of IPC. Without a final report being filed in the FIR registered before the respondent police, the petitioner will not be able to defend himself effectively in STC No.185 of 2019.

3. In a case of this nature, the law is well settled to the effect that the accused person apart from raising the defence is also permitted to parallely prosecute the complainant for the alleged offence. Useful reference can be made to the judgment of the Hon'ble Supreme of India in the case of Central Bank of India and another vs. M/s.Saxons Farms and others, reported in 1999 (III) CTC 611. This judgment was followed by this Court in the case of V.Kannan and others vs. State by District Crime Branch, Namakkal, Namakkal District, reported in 2007 4 CTC 520.

4. The respondent police will not be able to effectively investigate this case since now the original cheques are before the Court below and therefore it will take a lot of time for the respondent police to collect these cheques and to get expert opinion. It will be more appropriate, if the petitioner is permitted to file a private complaint before the same Court with the same set of allegations, so that the same Court can try both the cases. This will effectively avoid multiplicity of the proceedings and the same Court can effectively deal with the issue as between the same parties.

5. The respondent police in Crl.O.P.17016 of 2019 is directed to close the FIR in Crime No.45 of 2019. The petitioner is given liberty to file a private complaint before the Judicial Magistrate Court and the same shall be taken cognizance and tried along with STC No.185 of 2019.

6. This Court is not inclined to interfere with the proceedings in STC No.185 of 2019 and 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. The Court below shall try both the complaints in accordance with law and complete the proceedings as expeditiously as possible.

7. These Criminal Original Petitions are disposed of, accordingly. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar To

1. The Fast Track Judicial Magistrate No.II, Erode.

2. The Inspector of Police, Vellagoundenpatti Police Station, Namakkal, Namakkal District.

3. The Public Prosecutor, High Court, Madras.

Crl.O.P No.16193 & 17016 of 2019 and Crl.M.P Nos.8091 & 8092 of 2019 gmr[co] srg 04/07/2019