Madras High CourtCRL OP/19224/2023disposed of

M.Pramila Ramesh v. Chandra

2023-08-29Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.08.2023

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.19224 of 2023 and Crl.MP.Nos.12828 and 13194 of 2023 M.Pramila Ramesh, F/53 Y W/o.Ramesh Narayanan .. Petitioner / Accused .Vs.

Mrs.Chandra, F/41 Y W/o.Nalluraj .. RespondentComplainant/ PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records and quash in C.C.No.34 of 2023, on the file of Fast Track Judicial Magistrate at Alandur.

For Petitioner : Mr.S.Jayaseelan

ORDER

This criminal original petition has been filed challenging the proceedings initiated by the respondent against the petitioner under Section 138 of Negotiable Instruments 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 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. The learned counsel for the petitioner requested this Court to dispense with the presence of the petitioner. Taking into consideration, the facts and circumstances of the case, the presence of the petitioner is dispensed with and she shall be represented by a counsel, who shall cross examine the witnesses on the same day, they are examined in Chief. The petitioner shall be present before the Court below at the time of questioning under Section 313 Cr.P.C and at the time of passing of the final judgement.

4. Accordingly, this Criminal Original Petition is dismissed and the Court below is directed to complete the proceedings in C.C.No.34 of 2023, on the file of Fast Track Judicial Magistrate, Alandur., within a period of six months from the date of receipt of copy of this order. Consequently, connected miscellaneous petitions are also closed.

29.08.2023 Index : Yes/No Internet : Yes/No KP

To 1.Fast Track Judicial Magistrate Alandur.

2.The Public Prosecutor High Court, Madras.

N. ANAND VENKATESH, . J.

KP Crl.O.P No.19224 of 2023 29.08.2023