Madras High CourtCRL OP(MD)/12172/2015dismissed

Velmurugan, M/35 v. M. Basheer Ahamed

2015-07-02Honourable Mr Justice M.M.Sundresh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.07.2015

CORAM

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH Crl.O.P.(MD)No.12172 of 2015 and M.P(MD)Nos.1 and 2 of 2015 Velmurugan ... Petitioner Vs.

M.Basheer Ahamed ... Respondent PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure to call for the records and quash the complaint in C.C.No.59 of 2015 on the file of the learned Judicial Magistrate Court, Valliyoor.

For Petitioner : Mr.J.C.Rathinavel Pandian

ORDER

This Criminal Original Petition is filed to quash the complaint filed under Section 138 of N.I. Act in C.C.No.59 of 2015 on the file of the learned Judicial Magistrate Court, Valliyoor. 2.The learned counsel for the petitioner submitted that there is no necessity to borrow amount from the respondent. He further submitted that it is not known the respondent an income-tax assessee or not. It is further submitted that the petitioner has not signed the alleged cheque and therefore, the proceedings pending against the petitioner may be quashed.

3.Heard the learned counsel for the petitioner and perused the materials available on record.

4. The proceedings are summary in nature. This Court cannot go into the question of fact. In view of the same, this Criminal Original Petition is dismissed. Consequently, connected miscellaneous https://hcservices.ecourts.gov.in/hcservices/ petitions are closed. However, all the issues are left open to be raised before the Court below. Considering the submission made,

personal appearance of the petitioner before the Court below is dispensed with until and unless the same is required. The learned Judicial Magistrate Valliyoor, is directed to dispose of C.C.No.59 of 2015 within a period of nine months from the date of receipt of a copy of this order.

Sd/- Assistant Registrar(Per.Admn.) \\True copy\\ Sub Assistant Registrar To The Judicial Magistrate, Valliyoor.

+1cc to Mr.J.C.Rathinavel Pandian, Advocate Sr.No.35638 akm/13.07.15 /2p-3c/ Crl.O.P.(MD)No.12172 of 2015 02.07.2015 https://hcservices.ecourts.gov.in/hcservices/