Madras High CourtCRL OP(MD)/10067/2019dismissed as infructuous

Jambai Hardware Store v. Prakashkannan

2021-12-03Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.10067 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 03.12.2021

CORAM

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.10067 of 2019 and Crl.M.P.(MD)No.6343 of 2019 1.M/s.Jambai Hardware Stores, Represented by its Managing Partner, S.Mohamed Yahiya Age 58 years, S/o.Sathar, Tanjore Main Road, Thiruverumbur, Trichy-600013.

2.S.Mohamed Yahiya 3.S.Hasan Ali 4.Y.Shakila Banu ... Petitioners/Accused 1 to 4 Vs.

Prakash A.Khanna ... Respondent/Complainant Prayer : Criminal Original Petition filed under Section 482 Cr.P.C., to set aside the order passed by the learned Judicial Magistrate No.IV, Thiruchirapalli in Crl.M.P.No.6456 of 2019 in STC.No.201 of 2008 dated 16.05.2019.

For Petitioner : Mr.P.Chandrasekar

ORDER

This criminal original petition has been filed to set aside the order passed by the learned Judicial Magistrate No.IV, Thiruchirapalli in Crl.M.P.No.6456 of 2019 in STC.No.201 of 2008 dated 16.05.2019.

2.The petitioners were accused in a case registered under Section 138 of the Negotiable Insturments Act. The petition in Crl.M.P.No.6456 of 2019 came to be filed to re-open the case and mark certain documents and the same has been dismissed. Against which, the present petition came to be filed. 3.On 09.11.2021, this Court called for a report from the Court below as to the stage of the trial process. A report was submitted by the Court below stating that after full trial, the accused was convicted on 25.11.2019. Against which, the petitioner preferred an appeal in Crl.A.No.1 of 2020 before the learned Principal District Judge, Trichirappalli and the same is pending. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.10067 of 2019 4.In view of the report submitted by the Court below, there is nothing survives for further adjudication in this petition. Accordingly, this criminal original petition is dismissed as infructuous. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (AD-I) // True Copy // / /2021 Sub Assistant Registrar(CS) gns 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 No.IV, Thiruchirapalli.

Crl.O.P.(MD)No.10067 of 2019 03.12.2021 SVN(CO) GC(20.12.2021) 2P 2C https://hcservices.ecourts.gov.in/hcservices/ 2/2