Madras High CourtCRL OP(MD)/4369/2020dismissed

M.Balasubramanian v. S.Balasubramanian

2020-03-11Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.4369 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.03.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.4369 of 2020 and Crl.M.P.(MD)Nos.2451 and 2452 of 2020 M.Balasubramanian ... Petitioner/Accused Vs S.Balasubramanian ... Respondent/Complainant PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to call for the records relating to the complaint in S.T.C.No.56 of 2019 on the file of the Fast Track Court (Magistrate Level) No.II, Madurai and quash the same as illegal.

For Petitioner : Mr.B.A.Muruganantham

ORDER

The petitioner is facing trial in S.T.C.No.56 of 2019 on the file of the Fast Track Court (Magistrate Level) No.II, Madurai, for the offences under Section 138 r/w 142 of Negotiable Instruments Act.

2.The petitioner's counsel reiterated all the contentions set out in the memorandum of grounds.

3.They are not sufficient for invoking my inherent powers for quashing the impugned proceedings, because they involve appreciation of factual aspects and that would be the function of the trial Court. Therefore, leaving open the petitioner's defences and contentions, this criminal original petition stands dismissed. 4.Considering the overall facts and circumstances, particularly, the age of the petitioner, the personal appearance of the petitioner before the trial Court is dispensed with. Of-course, the petitioner will have to appear on those occasions, when it is directed by the Court below or when it is imperative and necessary. On all other occasions, the petitioner can be represented by his counsel. It is clarified once again that this Court has not gone https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.4369 of 2020 into the merits of the matter. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2020 Sub Assistant Registrar(CS) rmi To The Judicial Magistrate, Fast Track Court (Magistrate Level) No.II, Madurai. +1 CC to M/s.B.A.MURUGANANTHAM, Advocate ( SR-11245[F] dated 12/03/2020 ) Crl.O.P(MD)No.4369 of 2020 and Crl.M.P.(MD)Nos.2451 and 2452 of 2020 11.03.2020 JMN(23.03.2020) 2P : 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2