Pon.Rajendran v. Mariappan

Crl OP(MD)No.8454 of 2014 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.09.2019 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl OP(MD)No.8454 of 2014 and MP(MD)Nos.1 & 2 of 2014 Pon.Rajendran ... Petitioner / Accused Vs.

Mariappan ... Respondent/ Complainant Prayer : Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to call for the records pertaining to C.C No.42 of 2013 on the file of the Fast Track Court at Magisterial Level at Kovilpatti, Tuticorin District and quash the same. For Petitioner : Mr.R.Murugappan For Respondents : Mr.S.Vaigunth

ORDER

The petitioner is an accused in a case arising under Section 138 of the Negotiable Instruments Act. He wants this Court to quash the impugned proceedings on the ground that the cheque in question was obtained admittedly only in the police station. I am of the view that if the defence of the accused is that it was obtained under coercive circumstances, then it has to be established before the court below. The point raised by the learned counsel for the petitioner is not a point for quashing the impugned proceedings. Leaving open all the defences available to him, this petition stands dismissed. Connected miscellaneous petitions are also stand dismissed.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS ) To Fast Track Court at Magisterial Level at Kovilpatti, Tuticorin District.

Crl OP(MD)No.8454 of 2014 and MP(MD)Nos.1 & 2 of 2014 CS(27.09.2019) 1P 2C https://hcservices.ecourts.gov.in/hcservices/ 1/1