S.Diwakar v. C.Karthikeyan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.11.2024 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN Crl.O.P.No.22092 of 2024 and Crl.M.P.No.12597 of 2024 S.Diwakar ... Petitioner Vs.

C.Karthikeyan ... Respondent Prayer: Criminal Original Petition filed under Section 428 Cr.P.C./528 of B.N.S.S. to call for the records pertaining to the complaint in S.T.C.No.29 of 2024 on the file of the learned Fast Track Judicial Magistrate, Tiruppur and quash the said complaint.

For Petitioner : Mr.S.Diwakar For Respondent : Not ready in notice 1/4

ORDER

This Criminal Original Petition is filed to quash the complaint in S.T.C.No.29 of 2024 on the file of the learned Fast Track Judicial Magistrate, Tiruppur.

2. The learned counsel for the petitioner submitted that, pending this case, the entire amount has been settled to the respondent/complainant.

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

4. It is seen that the petitioner himself has admitted the borrowal of amount and the receipt of statutory notice. Therefore, it is a matter for trial. Hence, this Court is not inclined to entertain this petition.

5. Accordingly, this Criminal Original Petition is dismissed. Consequently, connected Miscellaneous Petition is closed. 2/4

6. However, since the petitioner is alleged to have settled the entire amount to the respondent/complainant pending this case, the petitioner is at liberty to work out his remedy before the trial Court in the manner known to law.

18.11.2024 Index : Yes / No Speaking Order : Yes / No ksa-2 To The XVII Additional Sessions Court Chennai 3/4

P.VELMURUGAN. J.

Ksa-2 18.11.2024 4/4