Karnan v. K. Pandi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.11.2015

CORAM

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN Crl.O.P.(MD)No.20948 of 2015 and M.P.(MD)Nos.1 and 2 of 2015 Karnan ... Petitioner -VsK.Pandi ... Respondent PRAYER: Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records pertaining to the complaint in C.C.No.3 of 2015 on the file of the Judicial Magistrate (Fast Track Court), Srivilliputhur and quash the same as illegal. For Petitioner : Mr.Karthick Subramanian

ORDER

This petitioner has come forward with this application, seeking to quash the complaint in C.C.No.3 of 2015, on the file of the learned Judicial Magistrate (Fast Track Court), Srivilliputhur.

2. Mr.Karthick Subramanian, learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated in the Calender Case in C.C.No.3 of 2015, pending on the file of the learned Judicial Magistrate (Fast Track Court), Srivilliputhur. Adding further, the learned counsel would submit that the petitioner has not given any cheque in favour of the respondent and in fact, he has given the cheque in favour of one Kumar, who in turn, handed over the same to the respondent and the respondent misusing the cheque. He would further submit that the petitioner has not operated the Bank account on longer duration. Therefore, he prayed for quashing of the said Calender Case. 3.Heard the learned counsel for the petitioner and perused the materials available on record.

4. Whether the cheque has been issued in favour of the said Kumar, who in turn, handed over the same to the respondent herein, whether the amount has got to be paid by the petitioner to the said Kumar or the respondent are all the matters to be https://hcservices.ecourts.gov.in/hcservices/

decided by the trial Court. Therefore, I find no reason to interfere with the proceedings, at this stage, as the entire truth got to be elicited based on the oral and documentary evidence that are going to be presented by the parties before the trial Court. The trial Court is directed to bring the issue to a logical end as expeditiously as possible. Further, the trial Court shall not grant adjournment exceeding a period of seven working days at a time, at any point of time.

5. With the above observation, this Criminal Original Petition is dismissed. Consequently, connected miscellaneous petitions are also dismissed.

Sd/- Assistant Registrar (CS-I) /True Copy/ Sub Assistant Registrar To

1. The Judicial Magistrate (Fast Track Court), Srivilliputhur

2. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+ 1 CC TO MR.KARTHICK SUBRAMANIAN, ADVOCATE IN SR NO. 64391 MPK TE/JGB-DP/ : 26/11/2015 : 2P/4C Crl.O.P.(MD)No.20948 of 2015 and M.P.(MD)Nos.1 and 2 of 2015 02.11.2015 https://hcservices.ecourts.gov.in/hcservices/