Madras High CourtCRL OP/2172/2016dismissed

Mrs.Deepa v. Pravin Bhai

2016-06-30Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.06.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP No.2172 of 2016 and Crl.M.P.No.1150/2016 Deepa ..Petitioner Vs 1.Pravin Bhai 2.M/s Maniga Jewellery (Partnership firm) No.208, T.V.Swamy Road Gowtham Arcade R.S.Puram Coimbatore 641 002.

.. Respondents Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records of the Judicial Magistrate No.1, Coimbatore pertaining to his proceedings in C.C.No.757/2014 and quash the same.

For Petitioner :

No representation For R1 :

Mr.J.Pothiraj

O R D E R

This petition has been filed to call for the records of the Judicial Magistrate No.1, Coimbatore pertaining to his proceedings in C.C.No.757/2014 and quash the same.

2. On account of boycott of Courts, there is no representation on the side of the petitioner. However, in Harish Uppal [Ex.Capt.] Vs Union of India reported in [2003] 2 SCC 45, the Hon'ble Supreme Court has held that boycott of Courts is illegal and therefore, this Court went through the records and passed the following order:

3. The petitioner has challenged the prosecution in C.C. No.757/2014 pending before the Judicial Magistrate No.1, Coimbatore for an offence u/s 138 of the Negotiable https://hcservices.ecourts.gov.in/hcservices/

Instruments Act. While so, pursuant to the amendment to the Negotiable Instruments Act, the case in STC No.2818/2013 has been transferred from the file of Judicial Magistrate No.1, Coimbatore to the file of the XVIII Metropolitan Magistrate, Girgaon, Mumbai by order dated 21.03.2016 passed by the Judicial Magistrate No.1, Coimbatore.

Recording the same, this petition is dismissed with liberty to the petitioner to work out his remedy in the manner known to law. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar gms To 1.The Judicial Magistrate No.1, Coimbatore.

2.The XVIII Metropolitan Magistrate, Girgaon, Mumbai. 3.The Public Prosecutor, High Court, Madras.

1 cc to Mr.N.Elumalai, Advocate, sr.36978 1 cc to Mr.R.Sivakumar, Advocate, sr.36583 Crl.OP No.2172 of 2016 nr co kra 23.07.2016 https://hcservices.ecourts.gov.in/hcservices/