← Library
Madras High CourtCRL OP(MD)/21708/2016disposed of

B.Dhanabalan v. A.Prema, W/O Arjunan,

2018-09-24Honourable Mr Justice N. Anand Venkatesh3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.09.2018

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.[MD] No.21708 of 2016 and Crl.O.P.(MD) No.8431 of 2017 and Crl.M.P.(MD) Nos.11162 and 11163 of 2016 in Crl.O.P.[MD] No.21708 of 2016 1.B.Dhanabalan 2.Malarvizhi : Petitioners vs.

A.Prema : Respondent PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records pertaining to the complaint in STC No. 1091 of 2016 on the file of the learned Judicial Magistrate, Paramakudi, Ramanathapuram and quash the same as illegal.

For Petitioners : Mr.M.S.Ayyanar Premkumar For Respondent : Mr.S.Muthumalairaja in Crl.O.P.[MD] No.8431 of 2017 Prema : Petitioner vs.

1.B.Dhanabalan 2.Malarvizhi : Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the Judicial Magistrate, Paramakudi to dispose of the case in S.T.C.No.1091 of 2016 within the period stipulated by this Court.

For Petitioner : Mr.S.Muthumalairaja For Respondents : Mr.M.S.Ayyanar Premkumar

COMMON ORDER These petitions have been filed to quash the complaint in STC No. 1091 of 2016 on the file of the learned Judicial Magistrate, Paramakudi, Ramanathapuram and to quash the proceedings in S.T.C.No.1091 of 2016 initiated by the respondents for an offence under Section 138 of Negotiable Instruments Act. 2.The learned counsel for the petitioners raised various factual grounds, which cannot be gone into by this Court in exercise of its jurisdiction under Section 482 Cr.P.C. All the grounds raised by the learned counsel for the petitioners, can be raised before the Court below in the pending proceedings and the same will be independently considered by the Court below on its own merits.

3.The learned counsel for the petitioners would submit that the second petitioner in Crl.O.P.[MD] No.21708 of 2016 is a Teacher and therefore, her presence should be dispensed with in the pending proceedings.

4.Accepting the said submission, the presence of the second petitioner shall be dispensed with during the pending proceedings and she will be represented by a counsel. The second petitioner shall be present before the Court below at the time of questioning under Section 313 of Cr.P.C., and at the time of passing a judgment.

5.The learned counsel representing the second petitioner shall cross examine the witnesses, on the same day, the witness is examined in chief.

6.The compliant is of the year 2016 and there shall be a direction to the learned Judicial Magistrate, Paramakudi, to complete the proceedings within a period of three months from the date of receipt of a copy of this order and report compliance to the Registry, immediately after completion of the proceedings. 7.These criminal original petitions are disposed of with the above direction. Consequently, the connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (RTI) // True Copy // Sub Assistant Registrar(CS-IV)

To 1.The Judicial Magistrate, Paramakudi.

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

+1 CC To MR.S.AYYANAR PREM KUMAR, Advocate SR. NO.86381 +1 CC To MR.S.MUTHUMALAI RAJA, Advocate SR. NO.86195 Crl.O.P.[MD] No.21708 of 2016 and Crl.O.P.(MD) No.8431 of 2017 MM TR/SV/SAR-IV(26.09.2018)3P 5C