V.G.V.Blue Metals, Rep.By Its v. V.Kumarasamy, S/O.Veerappa

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.06.2019

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P.No.25277 of 2014 and M.P.No.1 of 2014

1. V.G.V Blue Metals, Rep by its Partner V.Guruswamy, 84-A, Kamaraj Road, Geetha Building, Tirupur - 4.

2. V.Gurusamy

3. G.Vijayalakshmi

...Petitioners

Vs.

V.Kumarasamy, Rep. By its Power Agent, K.Senthilnathan

...Respondent

PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records relating to CC No.12 of 2014 on the file of the Judicial Magistrate Court No.1 of Tirupur and quash the same.

For Petitioners : Mr.K.Sakthivel For Respondent :

ORDER

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

2. The grounds raised by the 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.

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3. Accordingly, this Criminal Original Petition is disposed of with a direction to the Court below to complete the proceedings in CC No.12 of 2014 within a period of three months from the date of receipt of copy of this order. Consequently, the connected miscellaneous petition is closed. Sd/- Assistant Registrar // True Copy// Sub Assistant Registrar sni/uma To 1.The Judicial Magistrate No.I, Tiruppur.

2.The Public Prosecutor, High Court, Madras.

+1cc to Mr.K.Sakthivel, Advocate, sr. no.48886 CRL.OP.No.25277 of 2014 and M.P.No.1 of 2014 SSD(CO) RMP(10/07/2019) https://hcservices.ecourts.gov.in/hcservices/