M.K.Pilania v. M/S.Varadharaja Foods

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.02.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.15786 of 2014 and Crl.M.P.Nos.1 & 2 of 2014 M.K.Pilania ... Petitioner Vs.

M/s.Varadharaja Foods Private Limited, Rep. by its Managing Director N.E.Kumar, No.74, Ground Floor, Akshaya Apartments, 4th Street, New Fairlands, Salem.

... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C., to call for the records in C.C.No.462 of 2012 before the Learned Judicial Magistrate No.II, Salem and quash the same. For Petitioner : Mr.R.Ganesh Kumar For Respondent : No Appearance

O R D E R

This Criminal Original Petition has been filed to quash the proceedings in C.C.No.462 of 2012 before the Learned Judicial Magistrate No.II, Salem, having been taken cognizance for the offences punishable under Section 138 of the Negotiable Instruments Act.

2. It is seen that when the matter was posted on 23.06.2014 "For Admission", the learned counsel appearing for the petitioner took an adjournment and the matter was adjourned to next week i.e, 30.06.2014. Thereafter, for the past five years, the learned counsel has not taken any steps to list the matter. It shows that the petitioner has no interest to pursue the matter. Further it is pending for more than five years without even ordering notice. Now after the lapse of five years period, this petition cannot be considered and this Court is not inclined to entertain this petition.

https://hcservices.ecourts.gov.in/hcservices/

3. In view of the above, this Criminal Original Petition is dismissed. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ssr/pam To

1. The Judicial Magistrate No.II, Salem.

Crl.O.P.No.15786 of 2014 and Crl.M.P.Nos.1 & 2 of 2014 AK(CO) CSL/29.03.2019 https://hcservices.ecourts.gov.in/hcservices/