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Madras High CourtCRL OP/26495/2017dismissed for nonprosecution

S.Kamalakannan, M/A 52 Yrs, v. Mrs.Komethagam, Aged 48 Yrs,

2021-11-29Honourable Mr Justice N. Sathish Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR CRL.O.P.NO.26495 OF 2017

1. S.Kamalakannan

2. Lakshmi

3. Saroja

4. Arputham

5. Aarimuthu (Deceased)

6. Vettrivel

7. Devi

8. M.Sekar

9. Vasantha

10. Latha ... Petitioners

Versus

1. Komethagam

2. The Sub Inspector of Police, Gramiya Police Station, Thiruvannamalai.

... Respondents PRAYER:- Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records and quash the private complaint in C.C.No.105 of 2010 dated 30.04.2010 pending on the file of the District Judicial Magistrate Court, Pappireddipatti. For Petitioner :

No appearance

ORDER

This Criminal Original Petition has been filed to quash the private complaint in C.C.No.105 of 2010 dated 30.04.2010 pending on the file of the District Judicial Magistrate Court, Pappireddipatti, for the offence under Section 138 of the Negotiable Instruments Act.

https://hcservices.ecourts.gov.in/hcservices/

2. Today, when the matter was taken up for hearing, there was no representation on behalf of the petitioners. Therefore, this Criminal Original Petition is dismissed for nonprosecution.

3. However, the petitioners are at liberty to take all their defence before the trial Court. The petitioner/accused are directed to appear before the trial Court within two weeks from the date of receipt of a copy of this order and file an application under Section 436 of Code of Criminal Procedure. On such filing of the application, the trial Court is directed to release the petitioner on bail on the same day on they executing a bond for a sum of Rs.10,000/- (Rupees Ten thousand only) each with two sureties. If thereafter, they abscond, a fresh FIR can be registered under Section 229-A of the Indian Penal Code. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar psa/mkn To 1.

The District Judicial Magistrate, Pappireddipatti.

2.

The Sub Inspector of Police, Gramiya Police Station, Thiruvannamalai.

3.

The Public Prosecutor, High Court, Madras.

CRL.O.P.NO.26495 OF 2017 NRL(CO) PBS/13/12/2021 https://hcservices.ecourts.gov.in/hcservices/