Madras High CourtCRL OP(MD)/358/2017disposed of

Mrs.Alicia Rodrigo, v. Mr.S.Kennady,

2017-04-07Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.04.2017

CORAM

THE HON'BLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD) No.358 of 2017 and Crl.M.P.No.333 and 2545/2017 Alicia Rodrigo ... Petitioner -vsS.Kennady ... Respondent Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to call for the records in C.C.No.67/2016 pending on the file of the learned Fast Track (Magisterial Level), Tuticorin and quash the proceedings against the petitioner. For Petitioner : Mr.J.Praveen For Respondents : Mr.S.Muthumalai Raja *****

O R D E R

The petitioner is facing prosecution in C.C.No.67/2016 before the Judicial Magistrate, Fast Track Court, Tuticorin for offences under Section 138 of the Negotiable Instruments Act. Challenging which, the petitioner is before this Court. 2.Heard the learned counsel for the petitioner and the learned counsel for the respondent.

3.The learned counsel for the petitioner fairly submitted that the complainant has examined two witnesses. The accused has been examined under Section 313 of the Code of Criminal Procedure and the matter is posted for defence examination. At this juncture, in the considered opinion of this Court, a quash petition is not maintainable, because this Court cannot step into the shoes of the trial Court and appreciate the evidence adduced by either side.

4. The learned counsel for the petitioner submitted that the complaint itself is per se not maintainable and therefore, this Court should interfere under Section 482 of the Code of Criminal Procedure. I am unable to persuade myself to agree with the submissions of the learned counsel for the petitioner, https://hcservices.ecourts.gov.in/hcservices/

inasmuch as when the case has reached to the level of defence witnesses, this Court in exercise of power under Section 482 Cr.P.C. should not interfere to stop the prosecution. Therefore, this petition is closed with liberty to the petitioner to raise all the points before the trial Court. The trial Court is directed to complete the trial within a period of three months from the date of receipt of a copy of this order. Consequently connected Miscellaneous Petitions are closed.

SD/- ASSISTANT REGISTRAR(CO) /TRUE COPY/ SUB ASSISTANT REGISTRAR To:

1.The Fast Track (Magisterial Level), Tuticorin 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC TO MR.R.SADAGOBAN RANGASAMY,ADVOCATE,SR NO.51049 RR MAS/SV-MMS:24.04.2017:2P-4C Crl.O.P.(MD)No.358 of 2017 and Crl.M.P.Nos.2545 and 333/2017 07.04.2017 https://hcservices.ecourts.gov.in/hcservices/