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Madras High CourtCRL OP(MD)/598/2016dismissed

A. Balamurugan v. J. Raja Mohamadu

2018-10-10Honourable Mr Justice N. Anand Venkatesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.10.2018

CORAM:

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Crl.O.P.(MD).No.598 of 2016 and CrlMP(MD)No.307 of 2016 A.Balamurugan ... Petitioner Vs.

J.Raja Mohamadu ... Respondent PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records pertaining to STC No.249 of 2015, on the file of the Judicial Magistrate Court, Aruppukkottai, Virudhunagar District and quash the same.

For Petitioner :Mr.M.Kalamurugappan For Respondent :Mr.G.Mariappan

O R D E R

This petition has been filed seeking to quash the proceedings in STC No.249 of 2015, pending on the file of the Judicial Magistrate Court, Aruppukkottai, Virudhunagar District. 2.The only ground that has been raised by the petitioner is that there is material alteration in the cheque and the complainant has filled the places, which remained vacant in the cheque.

3.This Court cannot go into this issue that has been raised by the petitioner in this petition. The plea of material alteration is something to be established in the course of trial. 4.This Court does not find any merits in this petition and the same is dismissed. It is left open to the petitioner to raise all these grounds before the Court below and the Court below shall consider the same on its own merits and in accordance with law. https://hcservices.ecourts.gov.in/hcservices/ 5.In view of the above, the criminal original petition is

dismissed. The case is pending from the year 2015, therefore, there shall be a direction to the Court below to complete the proceedings within a period of three months from the date of receipt of copy of this order and report compliance to the Registry immediately after completion of the proceedings. Consequently, connected miscellaneous petitions are closed. Sd/- Joint Registrar (Judicial) /True Copy/ Sub Assistant Registrar (CS-II) To The Judicial Magistrate, Aruppukkottai, Virudhunagar District.

+ 1 CC TO Mr.G.MARIAPPAN, ADVOCATE IN SR No. 90129 + 1 CC TO Mr.M.KALA MURUGAPPAN, ADVOCATE IN SR No. 89991 DSK TE/RSK/SAR-4 : 12/12/2018 : 2P/4C Crl.O.P.(MD).No.598 of 2016 10.10.2018 https://hcservices.ecourts.gov.in/hcservices/