O.Venkatachalapathy v. S.Umarani

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Third day of December Two Thousand Eighteen PRESENT The Hon`ble Mr Justice N. ANAND VENKATESH CRIMINAL ORIGINAL PETITION No.26892 of 2018 AND CRL.M.P.NOS.15520 & 15521 of 2018 O.VENKATACHALAPATHY [ PETITIONER / ACCUSED ] Vs S.UMARANI [ RESPONDENT/COMPLAINANT ] Petition praying that in the circumstances stated therein the High Court will be pleased to call for the complaint and entire records in S.T.C.No. 2687 of 2017 on the file of the Learned Judicial Magistrate No-IV, Salem and quash the same.

(i) To Stay all further proceedings in S.T.C.No. 2687 of 2017 on the file of the Learned Judicial Magistrate No-IV, Salem, till the pending disposal of the above Crl.O.P.No.26892/2018. (CRL.M.P.NO.15520/2018) (ii) To Dispense with the personal appearance of the petitioner herein in all further proceedings in S.T.C.No. 2687 of 2017 on the file of the Learned Judicial Magistrate No-IV, Salem, till the pending disposal of the above Crl.O.P.No.26892/2018.

(CRL.M.P.NO.15521/2018) Order : This petition coming on for orders upon perusing the petition and upon hearing the arguments of M/S.K.V.LAW FIRM, Advocate for the petitioner, the court made the following order:- Notice to the respondent returnable by 18.12.2018. Private notice is also permitted.

2. The petitioner has been arrayed as A3 in this case. The respondent has filed a complaint under Section 138 of Negotiable Instruments Act. The first accused is a firm and the second accused is a partner, who is also signatory of the cheque. This petitioner had been added as an accused on the ground that he is also a partner of the first accused firm.

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3. The learned counsel for the petitioner would submit that the compliant does not satisfy the requirements of Section 141 of Negotiable Instruments Act. The complaint does not state how and in what manner, the petitioner is involved in the day-to-day affairs of the first accused firm. There is only a bald allegation available in the complaint to the effect that this petitioner is also actively participating in the business.

3. Since the petitioner has made out a prima facie case, there shall be an order of interim stay of all further proceedings in S.T.C.No.2687 of 2017 on the file of the learned Judicial Magistrate No.IV, Salem, till 18.12.2018.

4. The personal appearance of the petitioner before the learned Judicial Magistrate No.IV, Salem, in S.T.C.No.2687 of 2017 is dispensed with, pending disposal of the Criminal Original Petition.

5. Registry is directed to post the matter on 18.12.2018 for final hearing.

-sd/- 03/12/2018 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE JUDICIAL MAGISTRATE, NO.IV, SALEM.

2 THE CHIEF JUDICIAL MAGISTRATE SALEM. [FOR INFORMATION] +1 CC to M/S.K.V.LAW FIRM Advocate on payment of necessary charges SR.NO.23046 CRL OP.26892/2018 AND CRL.M.P.NOS.15520 & 15521 of 2018 Date :03/12/2018 MK-07/12/2018 https://hcservices.ecourts.gov.in/hcservices/