Sri. Vinayaga Traders v. A.Thiyagarajan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.07.2019

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P No.19093 of 2019 and Crl.M.P Nos.9760 and 9762 of 2019 Sri Vinayaga Traders Rep. by its Proprietor, M.Tiruppathi, Merchant C.N.A. Road, Kadharpet, Vaniyampadi, Vellore District.

...Petitioner

Vs.

A.Thiyagarajan

...Respondent

PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records in STC No.705 of 2015, on the file of the Judicial Magistrate No.1, Tirupattur, Vellore District and quash the same. For Petitioner : Mr.P.S.Kothandaraman

ORDER

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

2. The grounds raised by the counsel for 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.

3. Accordingly, this Criminal Original Petition is disposed https://hcservices.ecourts.gov.in/hcservices/ of with a direction to the Court below to complete the proceedings in STC No.705 of 2015 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 To 1.The Judicial Magistrate No.1, Tirupattur, Vellore District.

2. -Do-Thro' The Chief Judicial Magistrate, Vellore.

+1 cc to M/s.P.S.KOthandaraman, Advocate Sr.No. 61173 CRL.OP.No.19093 of 2019 and Crl.M.P.Nos.9760 and 9762 of 2019 PP(CO) AKM/14.8.19/2P-4C/ https://hcservices.ecourts.gov.in/hcservices/