M/S.Walkfree Foot Raffts v. M/S.Aziz Leather Exports

INTHE HIGH COURT OF JUDICATURE AT MADRAS DATED: 28.11.2018

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P. Nos.14149 to 14154 of 2014 and M.P.Nos.1,1,1,1,1,1 of 2014 M/s.Walkfree Foot Raffts, Prop.K.RIyaz Ahmed, No.1, B.B.Street, Noorullahpet, Ambur.

.. Petitioner in All Crl.OPS . Vs .

M/s.Aziz Leather Exports, Prop.K.Abdul Aziz, No.65/34, V.A.Kareem Road, Ambur.

..Respondent in All Crl.OPS COMMON PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to set aside the order passed in Cr.M.P.Nos.1046, 1047, 1048, 1049, 1045 & 1044 of 2014 in C.C.Nos.153, 154, 155, 156, 152 and 151 of 2013, on the file of the Hon'ble Additional District Munsif Cum Judicial Magistrate, Ambur, Vellore District and to allow the revision petition ordering the respondent/complainant to produce the petition mention documents.

For Petitioner : Mr.K.Umar (All Crl.OPs) For Respondent : Mr.T.R.Ravi (All Crl.OPs) COMMON ORDER These Criminal Original Petitions have been filed against the dismissal of an application filed under Section 91 of Cr.P.C.

2.The petitioner is an accused who is facing trial before https://hcservices.ecourts.gov.in/hcservices/

the Court below for an offence under Section 138 of Negotiable Instruments Act. The petitioner took a defence that the cheque in question along with the other cheque was given as an advance and the respondent has not supplied the goods as agreed by him. Therefore, it is clear that the cheque was given during the year 2013.

3.The petition under Section 91 has been filed seeking for certain documents which are completely unrelated with the defense taken by the petitioner in the 138 Complaint. 4.The Court below has found that the documents sought for by the petitioner had no relevance to the case and it had no relevance to the defense taken by the petitioner. This Court does not find any illegality or infirmity in the order passed by the Court below. These petitions have been filed only to protract the proceedings.

5.In view of the above, this Court does not find any merits in these Criminal Original Petitions. Accordingly, these Criminal Original Petitions are dismissed. Consequently, all the connected miscellaneous petitions are closed. Sd/- Assistant Registrar //True copy// Sub Assistant Registrar KP To The Additional District Munsif cum Judicial Magistrate, Ambur, Vellore District.

Crl.O.P. Nos.14149 to 14154 of 2014 JP(CO) GMY(11/12/2018) https://hcservices.ecourts.gov.in/hcservices/