Muthukumaran Ramasamy v. V.C.R Finance

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.11.2022

CORAM

THE HONOURABLE MR.JUSTICE V.SIVAGNANAM and Crl.M.P.Nos.17144 & 17146 of 2022 1.Muthukumaran Ramasamy 2.Natarajan Tamilselvi 3.Vella Gounder Vellaiyan 4.Sir Rajagounder Lakshmi ... Petitioners Vs.

V.C.R.Finance, Rep.by its Managing Partner, V.C.Ravichandran ... Respondent Prayer : The Criminal Original Petition is filed under Section 482 Cr.P.C., to call for the records pertaining to the case in S.T.C.No.195 of 2014 pending trial on the file of Judicial Magistrate No.IV, Salem. For Petitioners ... Mr. B. Gopalakrishnan

O R D E R

This Criminal Original Petition has been filed to call for the records pertaining to the case in S.T.C.No.195 of 2014 on the file of Judicial Magistrate No.IV, Salem and quash the same.

2.

The learned counsel for the petitioners submitted that the respondent has filed an application under Section 91 Cr.P.C., in Crl.M.P.No.3790 of 2016 in STC No.195 of 2014 before the Judicial Magistrate-IV, Salem, which was allowed by the learned Judicial Magistrate. Aggrieved by that the petitioners filed Crl.O.P.No.10928 of 2017, in which, this Court vide order dated 08.07.2019 set aside the order passed by the trial Court and allowed the Crl.O.P. 3.

I have considered the submission of the learned counsel for the petitioners and perused the records.

4.

On perusal of the records, it is seen that the petitioners are accused in STC.No.195 of 2014 on the file of learned Judicial MagistrateIV, Salem. The complainant prosecuted the petitioners / accused and others, for having committed offences punishable under Sections 138 and 141 of Negotiable Instruments Act. Further, the fact reveals that this Court vide order dated 08.07.2019 in Crl.O.P.No.10928 of 2017 in para 7 of this order, directed the trial Court to complete the proceedings in STC.No.195 of 2014 within a period of three months from the date of receipt of copy of this order.

5.

Under these circumstances, quashing the STC.No.195 of 2014 on the file of the Judicial Magistrate No.IV, Salem is not maintainable. Therefore, this Court finds no merit in this petition and it is liable to be dismissed.

V.SIVAGNANAM ,J.

6.

In the result, this Criminal Original Petition is dismissed. Consequently, connected miscellaneous petitions are closed. 15.11.2022 AT Index : Yes/No To The Judicial Magistrate No.IV, Salem.

Crl.O.P.No.27906 of 2022 and Crl.M.P.Nos.17144 & 17146 of 2022