Shifa v. Crompton Greaves Consumer Electrics Limited

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and Crl.M.P.No.17416 of 2024

1. Shifa Proprietrix M/s.Asalco Agencies Near Ettarikadavu Bridge, Annara B.O., Thirur - 676 109.

2. K.M.Khaja Najamudeen Power of attorney holder, M/s. Asalco Agencies, Khaja Mahal B.O., Niramarudur.

Thirur - 676 109.

... Petitioners Vs.

Crompton Graves Consumer Electrics Limited, Crompton House, No.3, Dr.M.G.R.Road, (Kodambakkam High Road) Nungambakkam, Chennai - 600 034.

Rep by its legal D.Rajesh ... Respondent Prayer: Criminal Original petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records in Crl.M.P.No.66485 of 2024 in C.C.No.6868 of 2017 on the file of XXVI

Metropolitan Magistrate Court at Egmore, Chennai and set aside the order dated 19.11.2024.

For Petitioners : Mr.M.Malar For Respondent : No appearance

ORDER

This petition has been filed as against the order dated 19.11.2024, passed by the learned XXVI Metropolitan Magistrate Court at Egmore, Chennai, in Crl.M.P.No.66485 of 2024 in C.C.No.6868 of 2017, thereby dismissing the petition filed under Section 311 of Cr.P.C. 2.

The petitioners are the accused in the complaint lodged by the respondent in C.C.No.6868 of 2017 for the offence under Section 138 of the Negotiable Instruments Act. When the matter was posted for arguments, the petitioners filed the present petition to re-open their evidence. However, the petitioners failed to submit any documents to be marked and failed to give the details of the persons to be examined on their side. Further, when the matter was posted for arguments that too after the period of seven years, the petitioners filed the petition to reopen their evidence.

3.

Therefore, the trial Court rightly dismissed the petition and this Court finds no infirmity or illegality in the impugned order. The trial Court viz., XXVI Metropolitan Magistrate Court at Egmore, Chennai, is directed to dispose the case in C.C.No.6868 of 2017, within a period of twelve weeks from the date of receipt of a copy of this Order. 4.

Accordingly, the Criminal Original Petition stands dismissed. Consequently, connected miscellaneous petition is closed. 06.02.2025 Index : Yes/No : Yes/No Speaking/non-speaking order rts To The XXVI Metropolitan Magistrate Court, Egmore, Chennai,

G.K.ILANTHIRAIYAN, J.

rts and Crl.M.P.No.17416 of 2024 06.02.2025