Madras High CourtCRL OP/26649/2024dismissed

V.Kishore Kumar v. Karunanithy

2025-01-22Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :22.01.2025 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN Crl.O.P.No.26649 of 2024 and Crl.M.P.Nos.14789 and 14791 of 2024 V.Kishore Kumar ... Petitioner Vs.

Karunanithy ... Respondent Prayer: Criminal Original Petition filed under Section 528 of B.N.S.S. to call for the entire records in C.C.No.1533 of 2019 on the file of the Judicial Magistrate and quash the same in respect of petitioner/2 nd accused.

For Petitioner : Mr.S.Lakshmi Narayanan For Respondent : Notice Served (No Appearance) 1/5

ORDER

This Criminal Original Petition has been filed by the petitioner/second accused to quash the case against him in C.C.No.1533 of 2019 on the file of the Judicial Magistrate, Puducherry.

2. Despite notice served and name printed, there is no representation for the respondent.

3. Heard the learned counsel for the petitioner and perused the materials available on record.

4. It is seen that the respondent has filed a complaint in C.C.No.1533 of 2019 before the Judicial Magistrate, Puducherry, against three persons in which, the petitioner has been shows as A2. Pending C.C., the petitioner has filed the present petition to quash the C.C. insofar as the petitioner is concerned.

5. A reading of the complaint filed by the respondent shows that it is a case of belated payment and there are prima facie allegations as against the 2/5

petitioner. Further, the grounds taken by the petitioner are matter for trial which can be decided only after trial for which, the petitioner has to file counter and agitate before the Magistrate. This Court can only see as to whether there is any prima facie allegation in the complaint. A reading of the complaint shows that there is a prima facie allegation against the petitioner.

6. Therefore, this Criminal Original Petition is dismissed. Consequently, connected Miscellaneous Petitions are closed.

7. The petitioner is at liberty to take all his defense before the Magistrate in the pending C.C.

22.01.2025 Index : Yes / No Speaking Order : Yes / No ksa-2 3/5

To The Judicial Magistrate Puducherry.

4/5

P.VELMURUGAN. J.

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