Madras High CourtCRL OP/18208/2023dismissed

S.D.Saravana Sankar v. R.Sakthivel

2023-08-18Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.08.2023 CORAM :

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH and Crl.M.P.No.12075 of 2023 S.D.Saravana Sankar .. Petitioner

Versus

R.Sakthivel .. Respondent Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records and to set aside the order, dated 02.06.2023 passed in M.P.No.18594 of 2022 in C.C.No.3368 of 2018 on the file of the learned Metropolitan Magistrate, Fast Track No.III, Saidapet, Chennai - 600 015.

For Petitioner : M/s.R.Thanjan

ORDER

This petition has been filed challenging the order passed by the Court below dismissing the application filed under Section 91 of Cr.P.C., in C.M.P.No.18594 of 2022 by order, dated 02.06.2023.

2. The respondent filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against the petitioner. During the 1/4

pendency of the case, the petitioner filed an application under Section 91 of Cr.P.C., calling for certain documents. The Court below, after considering the claim made by the petitioner, dismissed the application by order, dated 02.06.2023. Aggrieved by the same, the present petition has been filed before this Court.

3. Heard M/s.R.Thanjan, learned Counsel for the petitioner and carefully perused the materials available on record.

4. In the considered view of this Court, the order passed by the Court below does not suffer from any illegality or infirmity warranting the interference of this Court under Section 482 of Cr.P.C. The Court below found that most of the documents have already been marked and there is no proper explanation as to why the remaining documents were sought for by the petitioner.

5. This Court does not find any merits and accordingly, this Criminal Original Petition stands dismissed. Consequently, connected miscellaneous petition is closed.

18.08.2023 Index : yes/no 2/4

Speaking order/Non-speaking order : yes/no grs To The Metropolitan Magistrate, Fast Track No.III, Saidapet, Chennai - 600 015.

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N.ANAND VENKATESH, J.

grs and Crl.M.P.No.12075 of 2023 18.08.2023 4/4