Madras High CourtCRL OP(MD)/9301/2018partly allowed

M. Durai Nachimuthu v. Cheran Spinning Mills(P) Ltd.,

2020-06-04Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.9301 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.06.2020 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.9301 of 2018 and Crl.M.P.(MD)No.4059 of 2018 1.M.Durai Nachimuthu 2.Prithiviraj ... Petitioners Vs.

Cheran Spinning Mills (P) Ltd., D.No.7, Karur Road, Minukkampatti Post, Vedasandur Taluk, Dindingul District, Rep. through its Administrative Officer M.Selvaraj.

... Respondent Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records pursuant to the C.C.No.592 of 2017 on the file of the learned Judicial Magistrate No.II, Dindigul and quash the same.

For Petitioners : Mr.G.Thalaimutharasu For Respondent : Mr.C.M.Arumugam

O R D E R

This criminal original petition has been filed to quash the proceedings in C.C.No.592 of 2017 on the file of the learned Judicial Magistrate No.II, Dindigul. It is a private complaint filed by the respondent herein for the offence under Section 138 r/w. 142 of Negotiable Instruments Act.

2.The learned counsel appearing for the petitioners reiterated all the contentions set out in the memorandum of grounds. The learned counsel appearing for the respondent submitted that no case has been made out for quashing the impugned proceedings. 3.I carefully considered the rival contentions and went through the materials on record. It is seen that the cheque in question that is the subject matter of the complaint is an individual cheque https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.9301 of 2018 drawn on the individual account of the second petitioner/Prithiviraj. Therefore, it is only Prithiviraj who has to face the music and the first petitioner herein cannot be arrayed as an accused.

4.In this view of the matter, the impugned proceedings stand quashed as far as the first petitioner is concerned. The criminal original petition is partly allowed. The personal appearance of the second petitioner is dispensed with. He has to appear only on those occasions when his presence is necessary and imperative and on all other occasions, he can be represented by his counsel. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS) ias To:

The Judicial Magistrate No.II, Dindigul.

+1 CC to M/s.G.THALAIMUTHARASU, Advocate ( SR-13097[F] dated 04/06/2020 ) Crl.O.P(MD)No.9301 of 2018 04.06.2020 NR(11.06.2020) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2