Manikandan v. Subramaniyan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 09.12.2024 Coram:

THE HONOURABLE MR.JUSTICE P.VELMURUGAN and Crl.M.P.Nos.14793 and 14794 of 2024 -- Manikandan .. Petitioner Vs.

Subramaniyan .. Respondent Criminal Original Petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita praying to call for the records relating to S.T.C.No.350 of 2020 on the file of Judicial Magistrate-1, Villupuram and quash the same. For petitioner : No appearance For respondent: M/s.M.Dhivya, M.Bharathi, S.Hariharan and T.Jothika, (vakalat in SR.No.9824 of 2024)

ORDER

There is no representation for the petitioner. This petition is filed based on the private complaint filed by the respondent for the offence under Section 138 of the Negotiable Instruments Act on the file of the Judicial Magistrate, Villupuram.

2. On a perusal of the complaint, it is seen that statutory notice was issued to the petitioner on 20.03.2020 and there is no reply, and since the petitioner has not given any reply to the said statutory notice, the petitioner is not entitled to get the relief sought for in this petition. Hence, this petition is dismissed, with liberty to the petitioner to take all his defences in the pending S.T.C.No.350 of 2020 on the file of Judicial Magistrate No.1, Villupuram.

3. With the above observations, this Crl.O.P. is dismissed. Consequently, Crl.M.Ps. are closed.

09.12.2024 cs To

1. Judicial Magistrate-1, Villupuram.

2. The Public Prosecutor, High Court, Madras.

P.VELMURUGAN, J cs 09.12.2024