M/S.Religare Housing Development Finance v. C.Murugesan

CRL MP(MD) No.752 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Nineteenth day of January Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR CRL MP(MD) No.752 of 2023 in CRL OP(MD) No.821 of 2023 1 M/S.RELIGARE HOUSING DEVELOPMENT FINANCE, REPRESENT BY ITS BRANCH MANAGER, B2, A.R.PLAZA, K.R.V.ARCAD, 2ND FLOOR, NORTH VELI STREET, SIMMAKKAL, MADURAI - 1.

2 MANIKANDAN ... PETITIONERS/PETITIONERS Vs C.MURUGESAN ... RESPONDENT/RESPONDENTS Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to dispense with the personal appearance of the petitioners in S.T.C.No.210 of 2022 on the file of District Munsif Cum Judicial Magistrate, Vadipatti, Madurai District pending disposal of the above said main quash petition.

Prayer in CRL OP(MD). 821/ 2023 :

To call for the records relating to the private complaint in S.T.C.No.210 of 2022 on the file of District Munsif Cum Judicial Magistrate, Vadipatti, Madurai District and quash the same. Order : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.VELLAICHAMY.S, Advocate for the petitioner, the court made the following order:- Heard the learned counsel appearing for the petitioners. 2.Considering the facts and circumstances, the personal appearance of the petitioners before the trial Court is ordered to be dispensed with, on conditions that they shall appear at the time of initial questioning, proceedings under Section 313 of Cr.P.C., and at the time of passing judgment and on all the hearings, https://www.mhc.tn.gov.in/judis 1/2

CRL MP(MD) No.752 of 2023 specifically directed by the trial court. The petitioners are further directed to give an undertaking in the form of affidavit that they will be duly represented by a counsel on all hearing dates and that the Counsel representing them will cross examine the prosecution witnesses on the same day they are examined in chief. The petitioners shall not dispute the identity of the witnesses. The petitioners shall appear before the Court in the event their presence is insisted by the trial judge for the purpose of identification. If the petitioners adopts any dilatorial tactics, it is open to the Trial Court to insist for their appearance and deal with the petitioners in accordance with the judgment of Supreme Court of India, in State of Uttar Pradesh Vs. Shambunath Singh, reported in 2001 (4) SCC 667.

sd/- 19/01/2023 / TRUE COPY / /01/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

csm TO 1 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, VADIPATTI, MADURAI DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

ORDER

IN CRL MP(MD) No.752 of 2023 in CRL OP(MD) No.821 of 2023 Date :19/01/2023 RS/SSS/SAR.2(30.01.2023) 2P-3C https://www.mhc.tn.gov.in/judis 2/2