Madras High CourtCRL OP/17416/2019disposed of

Arulkumaran v. State By

2019-07-04Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.07.2019

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.17416 of 2019 and Crl.M.P Nos.8777 & 8779 of 2019 Arulkumaran ... Petitioner vs.

1.State by The Inspector of Police, Central Crime Branch, Chennai.

[Crime No.289 of 2011] 2.Mythili ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to call for the records in C.C.No.9585 of 2017 on the file of the XI Metropolitan Magistrate Court, Egmore, Chennai and quash the same. For Petitioner : Mr.R.Damodharan For Respondents: Mr.M.Mohamed Riyaz (for R1) Additional Public Prosecutor

ORDER

This petition has been filed challenging the proceedings initiated by the 1st respondent police against the petitioner for an offence under Section 138 of Negotiable Instruments Act.

2. The various grounds raised by the learned counsel for the petitioner are all factual in nature and the same requires appreciation of evidence in the course of the trial and the said exercise cannot be done by this Court in exercise of its jurisdiction under Section 482 of Cr.P.C. 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 https://hcservices.ecourts.gov.in/hcservices/

and in accordance with law. This Court does not want to interfere with the proceedings at this stage.

3. The learned counsel for the 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 judgement.

4. This Criminal Original Petition is disposed of with a direction to the Court below to complete the proceedings in C.C.No.9585 of 2017, on the file of the XI Metropolitan Magistrate Court, Egmore, Chennai, within a period of three months from the date of receipt of copy of this order. Consequently, connected miscellaneous petition is closed. Sd/- Deputy Registrar(CJ-CONF //True Copy// Sub Assistant Registrar vs/jas To 1.The XI Metropolitan Magistrate, Egmore, Chennai.

2.The Inspector of Police, Central Crime Branch, Chennai.

3.The Public Prosecutor, High Court of Madras, Madras.

Crl.O.P No.17416 of 2019 and Crl.M.P No.8777 & 8779 of 2019 PA(CO) CSL/30.07.2019 https://hcservices.ecourts.gov.in/hcservices/