Madras High CourtCRL OP/15048/2023disposed of

R. Manickam v. R.Saravanakumar

2023-07-07Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.07.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and Crl.M.P.Nos.9393 & 9396 of 2023 R.Manickam S/o.Raju Chettiar

...Petitioner

Vs R.Saravanakumar S/o.K.N.Raju ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, 1973, praying to call for the records and quash the STC No.94 of 2021 pending on the file of Judicial Magistrate Court, Sathyamangalam and quash the same.

For Petitioner : Mr.S.Nagarajan *****

O R D E R

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This petition has been filed challenging the proceedings initiated by the respondent against the petitioner under Section 138 of the Negotiable Instruments Act.

2. The grounds raised by learned counsel for petitioner are all factual in nature and it requires appreciation of evidence and this Court cannot decide the same in exercise of its jurisdiction under Section 482 of Criminal Procedure Code. 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. This Court is not inclined to interfere with the proceedings pending before the Court below.

3. Learned counsel for petitioner requested this Court to dispense with the presence of the petitioner. Taking into consideration, the facts and circumstances of the case, the presence of the petitioner is dispensed with and he shall be represented by a counsel, who shall cross examine the witnesses on the same day, they are examined in Chief. The petitioner shall be present before the Court below at the time of questioning under Section 313 Cr.P.C and at the time of passing of the final judgment. Accordingly, this Criminal Original Petition is disposed of with a 2/4

direction to the Court below to complete the proceedings in STC No.94 of 2021 within a period of three (3) months from the date of receipt of copy of this order. Consequently, the connected miscellaneous petition is closed. 07.07.2023 Index : Yes/No Speaking order:Yes/No gm To The Judicial Magistrate Court, Sathyamangalam.

N.ANAND VENKATESH, J 3/4

gm 07.07.2023 4/4