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Madras High CourtCRL OP(MD)/23713/2016dismissed

S.V. Viswanathan v. Syed Mohamed

2018-10-29Honourable Mr Justice N. Anand Venkatesh1 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.10.2018

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.(MD)No.23713 of 2016 and Crl.M.P.(MD)Nos.12509 and 12510 of 2016 S.V.Viswanathan ... Petitioner / Accused Vs.

Syed Mohamed ... Respondent / Complainant Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., praying to call for the records relating to the private complaint in S.T.C.No.2284 of 2016 on the file of the Judicial Magistrate, Thirupputtur and quash the same.

For Petitioner : Mr.V.Kannan For Respondent : Mr.S.Asaithambi

ORDER

This Criminal Original Petition has been filed, seeking to quash the proceedings in S.T.C.No.2284 of 2016, pending on the file of the learned Judicial Magistrate, Thirupputtur. 2.This petition has been filed only on the ground that the respondent has stolen a cheque, belonging to the petitioner and has misused the same. Surprisingly, the cheque is said to have been stolen in the year 2013 and the complaint was given in the year 2016. In any case, it is factual issue, which can be considered by the Court below only in the course of proceedings. No ground has been made out by the petitioner in this petition. 3.In the result, this Criminal Original Petition is dismissed. The Court below is directed to complete the proceedings, 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(CS-I) /True Copy/ Sub Assistant Registrar(CS-III) To:

The Judicial Magistrate, Thirupputtur.

+1CC to Mr.S.Asaithambi, Advocate, SR.No. 92816 Crl.O.P.(MD)No.23713 of 2016 29.10.2018 MYR ES/SKN/RSK/SAR 3/19.11.2018/1P/3C https://hcservices.ecourts.gov.in/hcservices/