M/S.University Papers v. V.Valliammai Proprietrix
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.12.2019
CORAM:
THE HONOURABLE Mr.JUSTICE P.RAJAMANICKAM CRL.O.P.No.26248 of 2019 and CRL.M.P.No.14598 of 2019 1.M/s.University Papers Represented by its Proprietor Mohammed Thaslim 51/2, Anderson Street, Chennai-1.
2.Mr.Mohammed Thaslim aged 58 years Authorised Signatory/Proprietor M/s.University Papers, 51/2, Anderson Street, Chennai-1. ... Petitioner Vs.
V.Valliammai Proprietrix M/s.Valliammai Agencies Rep by Power Agent, Mr.S.Valliyappan No.19/4, Stringer Street, Broadway, Chennai-108.
...Respondent
PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, to call for the records relating to the order dated 17.09.2019 made in MP.No.2729 of 2019 in CC.No.2600 of 2012 on the file of the Court of Metropolitan Magistrate, Fast Track Court, Magistrate Level-IV, George Town, set aside the same and allow the MP.
For Petitioners : Mr.M.Devaraj
O R D E R
This petition has been filed seeking a direction, to call for the records relating to the order dated 17.09.2019 made in MP.No.2729 of 2019 in CC.No.2600 of 2012 on the file of the Court of Metropolitan Magistrate, Fast Track Court, Magistrate Level-IV, George Town, set aside the same and allow the MP. 2.The learned counsel for the petitioners has submitted that the petitioners are facing trial for the alleged offence under Section 138 of the Negotiable Instruments Act. He further 1/3
submitted that the respondent herein has filed totally twelve cases against the petitioners herein and in all the said cases, the petitioners have filed the petition under Section 311 r/w Section 315 of Cr.P.C. to reopen the defence side evidence and permit the accused to give evidence and to mark the relevant documents on the defence side. But, the learned Magistrate has dismissed the said petitions without assigining any valid reasons. He further submitted that in the connected matters in Crl.O.P.Nos.27388 & 26450 of 2019 etc. dated 30.10.2019, this Court has allowed in the said petitions and set aside the orders passed by the Trial Court and permitted the petitioners to adduce evidence and hence he requested to extend the same benefit in this petition also.
3.Though notice served on the respondent and his name also printed in the cause list, there is no representation on behalf of him either in person or through counsel.
4.This Court vide order dated 30.10.2019 in the above said connected Crl.O.Ps. has set aside the orders passed by the Trial Court and directed the Trial Court to permit the petitioners to adduce evidence on their side. Hence, this Court is inclined to extend the same benefit in this petition also. 5.In the result, this petition is allowed. The impugned order dated 17.09.2019 on the file of Metropolitan Magistrate, Fast Track Court at Magisteriat Level - IV, George Town, Chennai-01, is set aside. The Trial Court Magistrate is directed to reopen the evidence and permit the petitioners to adduce evidence and mark the relevant documents on the defence side which shall be completed atleast before 18.12.2019. It is made clear that the petitioners shall not be entitled for extention of time on the same.
6.Accordingly, this Criminal Original Petition is disposed of.
Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar gbi 2/3
To 1.The Court of Metropolitan Magistrate, Fast Track Court, Magistrate Level-IV, George Town, Chennai.
2.The Public Prosecutor, High Court, Madras.
+1cc to Mr.M.Devaraj, Advocate sr.102313 CRL.O.P.No.26248 of 2019 and CRL.M.P.No.14598 of 2019 cp(co) nr 10/12/2019 3/3