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Madras High CourtCRL RC/1268/2023withdrawn dismissed

E.Jayakumar v. E.Kishorekumar

2023-11-17Honourable Mr Justice M. Nirmal Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.11.2023

CORAM

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR Crl.R.C.No.1268 of 2023 and Crl.M.P.No.10209 of 2023 E.Jayakumar ... Petitioner Vs.

E.Kishorekumar ... Respondent PRAYER: Criminal Revision Petition filed under Sections 397 r/w 401 of Criminal Procedure Code, to call for the records pertaining to the order dated 08.06.2023 made in Crl.M.P.No.3872 of 2022 in S.T.C.No.536 of 2020 pending on the file of the learned Fast Track Court at Magisterial Level, Tirupur and set aside the order, dated 08.06.2023 made in Crl.M.P.No.3872 of 2022 in S.T.C.No.836 of 2020, pending on the file of the learned Fast Track Court at Magisterial Level, Tirupur by appreciating the above stated reasons. For Petitioner :

Mr.R.Sathishkumar

ORDER

This Criminal Revision Case has been filed to set aside the order, dated 08.06.2023 made in Crl.M.P.No.3872 of 2022 in S.T.C.No.536 of 2020 by the learned Judicial Magistrate, Fast Track Court, Tiruppur. 2.The learned counsel for the petitioner submits that a petition under Section 45 of the Indian Evidence Act in Crl.M.P.No.3872 of 2022 in Page No.1 of 3

S.T.C.No.536 of 2020 has been filed to forward the cheque to handwriting expert to bring the fact that the blank cheque had been misused by the respondent. The learned counsel fairly submitted that the petition under Section 45 of the Indian Evidence Act has been filed prematurely even before cross examination of the complainant/PW1. Hence, he seeks permission of this Court to withdraw this Criminal Revision Case and reserving his right to file a petition later for similar prayer if required and made endorsement to that effect. 3.In view of the endorsement made by the learned counsel for the petitioner, this Criminal Revision Case stands dismissed as withdrawn. Consequently, the connected Miscellaneous Petition is closed. 17.11.2023 Speaking Order/Non Speaking Order Index : Yes/No Internet : Yes/No vv2 To The Judicial Magistrate, Fast Track Court at Magisterial Level, Tirupur.

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M.NIRMAL KUMAR, J.

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