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Madras High CourtCRL RC/327/2017closed

K.Mohammed Rizwan, v. M/S.Hamdaan Leathers,

2021-06-28Honourable Mr Justice Rmt. Teekaa Raman3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.06.2021

CORAM:

THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN Crl.R.C.No.327 of 2017 and Crl.M.P.No.3130 of 2017 and Crl.R.C.No.328 of 2017 and Crl.M.P.No.3131 of 2017 and Crl.R.C.No.329 of 2017 and Crl.M.P.No.3132 of 2017 and Crl.R.C.No.330 of 2017 and Crl.M.P.No.3133 of 2017 K.Mohammed Rizwan ... Petitioner in all Crl.R.Cs .. Vs ..

M/s.Hamdaan Leathers, Rep.by its Prop.K.Nahid Afroze, No.15/3, Chandamiyan Kollai 2nd Street, NMZ Apartment, Ambur.

....Respondent in all Crl.R.Cs Prayer in Crl.R.C.No.327 of 2017:- Criminal Revision filed under 397 and 401 of the Criminal Procedure Code, to set aside the order passed in C.M.P.No.5585 of 2016 in C.C.No.85 of 2013 dated 9.2.2017 passed by the learned Additional District Munsif cum Judicial Magistrate, Ambur, Vellore District in so far as dismissing the petition filed under Section 243 of Cr.P.C read with 43 of Indian Evidence Act for sending the disputed cheque to expert opinion pending trial in C.C.No.85/2013 on the learned Additional District Munsif cum Judicial Magistrate, Ambur, Vellore District.

Prayer in Crl.R.C.No.328 of 2017:- Criminal Revision filed under 397 and 401 of the Criminal Procedure Code, to set aside the order passed in C.M.P.No.5586 of 2016 in C.C.No.86 of 2013 dated 9.2.2017 passed by the learned Additional District Munsif cum Judicial Magistrate, Ambur, Vellore District in so far as dismissing the petition filed under Section 243 of Cr.P.C read with 43 of Indian Evidence Act for sending the disputed cheque to expert opinion pending trial in C.C.No.86/2013 on the learned Additional District Munsif cum Judicial Magistrate, Ambur, Vellore District.

Prayer in Crl.R.C.No.329 of 2017:- Criminal Revision filed under 397 and 401 of the Criminal Procedure Code, to set aside the order passed in C.M.P.No.5583 of 2016 in C.C.No.83 of 2013 dated 9.2.2017 passed by the learned Additional District Munsif cum Judicial Magistrate, Ambur, Vellore District in so far as dismissing the petition filed under Section 243 of Cr.P.C read with 43 of Indian Evidence Act for sending the disputed cheque to expert opinion pending trial in C.C.No.83/2013 on the learned Additional District Munsif cum Judicial Magistrate, Ambur, Vellore District.

Prayer in Crl.R.C.No.330 of 2017:- Criminal Revision filed under 397 and 401 of the Criminal Procedure Code, to set aside the order passed in C.M.P.No.5584 of 2016 in C.C.No.84 of 2013 dated 9.2.2017 passed by the learned Additional District Munsif cum Judicial Magistrate, Ambur, Vellore District in so far as dismissing the petition filed under Section 243 of Cr.P.C read with 43 of Indian Evidence Act for sending the disputed cheque to expert opinion pending trial in C.C.No.84/2013 on the learned Additional District Munsif cum Judicial Magistrate, Ambur, Vellore District.

For Petitioner : No appearance in all Crl.R.Cs For Respondent : Mr.M.Premkumar in all Crl.R.Cs C O M M O N O R D E R The learned counsel for the petitioner is absent in all the revision cases.

2. The learned counsel for the respondent/complainant contended that in respect of Crl.R.C.No.329/2017 in C.C.No.83 of 2013, already trial is over and the conviction has been laid and the accused has preferred the revision and hence, this revision petition is dismissed as having become infructuous.

3. In all the other 3 cases namely Crl.R.C.Nos.327,328 and 330 of 2017 as against very same complainant, and the accused, trial is completed and questioning of the accused is also over.

4. After hearing both sides, it is seen that respondent is absconding. Hence Non-Bailable Warrant was issued.

5. In view of the subsequent events, I find that nothing survives in the criminal revisions and criminal revisions in Crl.R.C.Nos.327, 328 and 330 of 2017 stand closed. It is open to

the trial Court to proceed with the respective cases in accordance with law. Consequently, connected Crl.M.Ps. are closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar nvi To The Additional District Munsif cum Judicial Magistrate, Ambur, Vellore District.

+4cc to Mr.Premkumar, Advocate, S.R.No.29854, 29855, 29856, 29857, 29857 Crl.R.C.No.327 of 2017 and Crl.M.P.No.3130 of 2017 and Crl.R.C.No.328 of 2017 and Crl.M.P.No.3131 of 2017 and Crl.R.C.No.329 of 2017 and Crl.M.P.No.3132 of 2017 and Crl.R.C.No.330 of 2017 and Crl.M.P.No.3133 of 2017 KV(CO) SB(03/08/2021)