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Madras High CourtCRL OP/16265/2017disposed of

K.Subramani, v. L.Suresh Babu,

2021-11-09Honourable Mr Justice N. Sathish Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 9/11/2021 C O R A M THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR Crl. O.P. No. 16265 of 2017 K. Subramani ...

Petitioner/Accused Vs L.Suresh Babu ...

Respondent/Complainant PRAYER : Criminal Original Petition filed under Section 482 of Cr.P.C. to set aside the order passed in C.M.P.No.2277 of 2017 in C.C.No.83 of 2016 dated 11/7/2017 on the file of the learned Judicial Magistrate, Cheyyar.

For Petitioner ...

Mr.P.R.Balasubramanian For respondent ...

Mr.R.Sasikumar - - - - -

O R D E R

This Criminal Original Petition has been filed to set aside the order passed in C.M.P.No.2277 of 2017 in C.C.No.83 of 2016, dated 11/7/2017, on the file of the learned Judicial Magistrate, Cheyyar.

2. Heard Mr.P.R.Balasubramanian, learned counsel for the petitioner and Mr.R.Sasikumar, learned counsel for the respondent.

3. As against the dismissal of the order of the trial Court, refusing to issue summons to produce the bank statements relating to the account of the defacto complainant, the present Criminal Original Petition has been filed.

4. It is stated by the learned counsel appearing on either side that, before the trial Court, the matter is in argument stage.

5. In such a view of the matter, this Court is inclined to dispose of the instant Criminal Original Petition as follows:- The petitioner is directed to file petition to take summons and examine witnesses from the concerned Bank and Income Tax https://hcservices.ecourts.gov.in/hcservices/

Department, for production of document, within a period of two weeks, from today. On such application being filed by the petitioner, trial Court shall issue summons, within a period of one week, thereafter. The trial Court is directed to dispose of the main case, within a period of six months, thereafter. Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar mvs.

To The Judicial Magistrate Cheyyar.

2.Do through the Chief Judicial Magistrate,Thiruvannamalai. +1 cc to Mr.V.Appaswamee, Advocate Sr.NO. 57537 Crl. O.P. No. 16265 of 2017 AK II(CO) A.SK(30.11.2021) https://hcservices.ecourts.gov.in/hcservices/