M/S.Om Sakthi Textiles v. M/S.Sjlt Textiles (P) Ltd Unit

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.1375 of 2014 and M.P.No.1 of 2014 1.M/s.Om Sakthi Textiles, Represented by its Managing Partner, A.Saradhamani 2.A.Saradhamani 3.A.Ramaya ... Petitioners/Accused 1 to 3 Vs M/s.SJLT Textiles (P) Ltd, Unit-I Represented By its Managing Director, V.Jegadeesan, Represented by Power Agent/Manager, E.K.P.Sambanathan ... Respondent Prayer:

Criminal Original Petition filed under Section 482 Cr.P.C. to call for the records in STC No.166 of 2013 on the file of Learned Fast Track Cum Judicial Magistrate of Tiruchengode, Namakkal District and Quash the same.

For Petitioners : Mr.C.D.Johnson For Respondent : Mr.N.Manokaran

ORDER

This Criminal Original Petition has been filed to quash the proceedings in STC.No.166 of 2013 on the file of the learned Fast Track Cum Judicial Magistrate of Tiruchengode, Namakkal District, having been taken cognizance for the offences punishable under Sections 138 and 142 of Negotiable Instruments Act.

2. The learned Counsel appearing for the petitioners would submit that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. Without

any base, the learned Magistrate has taken cognizance of the case in STC.No.166 of 2013 for the offences under Sections 138 and 142 of Negotiable Instruments Act, as against the petitioners. Hence he prayed to quash the same.

3. The learned counsel for the respondent would submit that there are specific allegations as against the petitioners to attract the offences under Sections 138 and 142 of Negotiable Instruments Act. He further submitted that the trial has already been commenced in this case and all the points raised by the petitioners have to be considered only during the trial. Therefore, he prayed to dismiss this petition.

4. Heard the learned counsel appearing for the petitioners and the learned counsel for the respondent.

5. It is seen that there are specific avernments to attract the offences as against the petitioners. Further it is also seen that there are materials to connect the petitioner to the offences and trial has also been commenced. More over all the points raised by the petitioners have to be considered only during the trial. Hence, the petitioners are at liberty to raise all the points before the Court below during the trial. Further the third petitioner is the daughter of the second petitioner and also she is a college going student. Considering the same, the personal appearance of the third petitioner is dispensed with and she shall be represented by a counsel after filing appropriate application. The third petitioner shall be present before the Court at the time of furnishing of copies, framing charges, questioning under Section 313 Cr.P.C. and at the time of passing judgment.

6. Considering the case is of the year 2014, the trial Court is directed to complete the trial proceedings within a period of three months from the date of receipt of this Order.

7. With the above observations, this Criminal Original Petition is dismissed. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar pds/lok

To The Learned Fast Track Cum Judicial Magistrate of Tiruchengode, Namakkal District.

+1cc to Mr.N.Manokaran, Advocate, S.R.No.24363 Crl.O.P.No.1375 of 2014 RSI(CO) CS/13/06/2019