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Madras High CourtCRL OP/12801/2018dismissed

S.Arasalingam v. Saravanan,

2018-06-04Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 04.06.2018

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH Crl.O.P.No.12801 of 2018 S.Arasalingam

...Petitioner/Complainant

Vs 1.Saravanan 2.Palani 3.Anil Kumar

...Respondents/A1 to A3

Criminal Original Petition filed under Section 482 of Cr.P.C., praying to call for the records in respect of C.C.No.298 of 2016 on the file of the Judicial Magistrate Court, Ambattur and set aside the same.

For Petitioner : Mr.R.Radha Pandian

O R D E R

This petition has been filed to quash the proceedings in C.C.No.298 of 2016 on the file of the Judicial Magistrate Court, Ambattur.

2.Heard the learned counsel for the petitioner and perused the materials placed on record.

3.This petitioner obtained loan from Central Bank, Kilpauk Branch, Chennai for constructing a house and there appears to be some dispute between the petitioner and the bank officials, pursuant to which, the petitioner lodged a compliant. Based on which, Police investigation was conducted and the case was closed. Thereafter, as a protest, the petitioner filed a private complaint, which has been taken on file as C.C.No.298 of 2016 by the learned Judicial Magistrate, Ambattur and process was issued to the accused. The communication shows that the petitioner has not been diligent in prosecuting the accused, on account of which, the complaint has been dismissed for non-prosecution by the learned Judicial Magistrate, Ambattur on 12.04.2017. Challenging which, this application has been filed in the year 2018.

4.Taking into consideration the nature of the allegations in the complaint and the fact that the petitioner has not been diligently prosecuting the complaint, this Court is of the view that this is not a fit case to interfere at this belated stage. https://hcservices.ecourts.gov.in/hcservices/

Hence, this petition is dismissed with liberty to the petitioner to workout his remedies in the manner known to civil law. -s/d- Assistant Registrar True Copy Sub-Assistant Registrar gya To The Judicial Magistrate Court, Ambattur.

+1 cc to M/s.R.Radha Pandian Advocate sr 34671 Crl.O.P.No.12801 of 2018 aa07/06/2018 https://hcservices.ecourts.gov.in/hcservices/