K. Sakthivelmourougan v. J. Anand, Aged 38 Yrs

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.01.2021

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.6223 of 2017 K.Sakthivelmourougan, S/o.Late Krishnan .. Petitioner/Accused vs.

J.Anand, S/o.Jayaraj .. Respondent/Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records on the file of the Judicial Magistrate No.II, Puducherry in S.T.C.No.3093 of 2015 and quash the same.

For Petitioner : Mr.P.Tamizhkumaran For Respondent : Mr.V.Balammurugane Additional Public Prosecutor Puducherry.

ORDER

This petition has been filed challenging the proceedings initiated by the respondent against the petitioner under Section 138 of the 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 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 of with a direction to the Court below to complete the proceedings in S.T.C.No.3093 of 2015 pending on the file of the learned Judicial Magistrate No.II, Puducherry, within a period of four months from the date of receipt of copy of this order. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/

Rm To The Judicial Magistrate No.II, Puducherry.

Crl.O.P No.6223 of 2017 SSN(CO) GN(19/03/2021) https://hcservices.ecourts.gov.in/hcservices/