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Madras High CourtCRL OP/21768/2019disposed of

P.Satya Rekha v. K.R.Kanniappan

2019-08-13Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:13.08.2019

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.21768 of 2019 and Crl.M.P.Nos.11311 & 11312 of 2019 P.Satya Rekha ... Petitioner Vs.

K.R.Kanniappan ... Respondent PRAYER:

Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records in C.C No.75 of 2019 on the file of the Judicial Magistrate, Arani and quash the same. For Petitioner : Mr.K.Selvakumarasamy

ORDER

This petition has been filed challenging the proceedings initiated by the respondents 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 he 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 https://hcservices.ecourts.gov.in/hcservices/

questioning under Section 313 Cr.P.C and at the time of passing of the final judgement.

4. Accordingly, this Criminal Original Petition is disposed of with a direction to the Court below to complete the proceedings in C.C No.75 of 2019 within a period of four months from the date of receipt of copy of this order. Consequently, the connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar uma To The Judicial Magistrate Arani.

+1cc to Mr.K.Selvakumarasamy, Advocate, S.R.No.69165 Crl.O.P.No.21768 of 2019 and Crl.M.P.Nos.11311 and 11312 of 2019 GP(CO) CS/25/09/2019 https://hcservices.ecourts.gov.in/hcservices/