Madras High CourtCRL OP(MD)/5700/2021disposed of

M.Banning Durai Raj v. V.Ravi

2021-09-29Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.5700 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.5700 of 2021 and Crl.M.P.(MD)Nos.3293 and 3294 of 2021 M.Banning Durai Raj ... Petitioner/ Respondent Vs.

Ravi ... Respondent/Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records pertaining to the private complaint in C.C.No.134 of 2020 pending before the Learned Judicial Magistrate, Devakottai Sivagangai District dated 04.01.2021 filed under section 200 of the code of Criminal Procedure Code for offences under section 138 of Negotiable Instrument Act and quash the same as illegal.

For Petitioner : Mr.T.Lajapathi Roy For Respondent : Mr.J.Sulthan Basha for Mr. Ajmal Associates

O R D E R

This petition has been filed to quash C.C.No.134 of 2020 pending before the learned Judicial Magistrate, Devakottai Sivagangai District dated 04.01.2021.

2. Even though this petition has been filed for the aforesaid relief, the learned counsel for the petitioner would submit that he restricted his claim only to dispense with the personal appearance of the petitioner herein on the ground that the petitioner as well as the respondent are working in the Government School.

3. Considering the limited request made by the learned counsel for the petitioner, personal appearance of the petitioner is dispensed with on the following condition:

The petitioner shall appear before the trial court within a period of 15 days from the date of receipt of a copy of this order and he shall file an undertaking affidavit to the effect that he will appear before the trial court as and when required, attested photo must also be attached.

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Crl.O.P.(MD)No.5700 of 2021

4. With these directions, this petition is disposed of. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (AE) // True Copy // / /2021 Sub Assistant Registrar(CS) CM Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To The Judicial Magistrate, Devakottai Sivagangai District +1 CC to M/s.AJMAL ASSOCIATES, Advocate (SR-30704[F] dated 30/09/2021) +1 CC to M/s.T.LAJAPATHI ROY, Advocate (SR-30742[F] dated 30/09/2021) Crl.O.P.(MD)No.5700 of 2021 and Crl.M.P.(MD)Nos.3293 and 3294 of 2021 29.09.2021 GC(12.10.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2