K.Lakshmipathi v. K.Kannan

Crl.O.P(MD)No.19843 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.12.2021 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.19843 of 2021 and Crl.M.P.(MD)Nos.11167 and 11168 of 2021 K.Lakshmipathi ... Petitioner/Accused Vs.

K.Kannan ... Respondent/Complainant Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records in connection with the impugned complaint in S.T.C.No.(*)55 of 2021 on the file of the Judicial Magistrate, Fast Track Court, Kovilpatti and quash the same. For Petitioner : Mr.G.Srinivasaragavan

O R D E R

Heard the learned counsel for the petitioner. Considering the nature of relief to be granted, issuance notice to the respondent is dispensed with.

2.The petitioner and the respondent herein are brothers. The respondent has filed S.T.C.No.(*)55 of 2021 on the file of Judicial Magistrate, Fast Track Court, Kovilpatti for the offence under Section 138 of Negotiable Instruments Act.

3.The learned counsel for the petitioner reiterated all the contentions set out in the memorandum of grounds. They are quite persuasive. However, the fact is that they will have to be established only before the Court below. Under Section 482 of CrPC, I cannot go into those contentions.

4.Leaving open the petitioner's defences, this criminal original petition is dismissed. However, taking into account the overall facts and circumstances, the personal appearance of the petitioner before the Court below is dispensed with. However, the Court below will insist on the personal appearance of the petitioner only on three occasions namely, to answer the charge, for examination under Section 313 of CrPC and at the time of pronouncing Judgment. On all other occasions, the petitioner need not appear before the Court below. However, on those occasions, the petitioner will have to be represented by his counsel. If the petitioner's https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.19843 of 2021 counsel is also absent, the benefit of dispensing with the personal appearance of the petitioner will stand automatically vacated. consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (Records) (*)Amended as per order of this Hon'ble Court dated 12.01.2022 in CRL.MP(MD)No.559 of 2022 in CRL.OP(MD)No.19843 of 2021 by GRSJ Sd/- Assistant Registrar (Records) // True Copy // / /2022 Sub Assistant Registrar(CS) ias 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:

(*)To be Substituted the order already despatched on 28.12.2021 The Judicial Magistrate, Fast Track Court, Kovilpatti.

+1 CC to M/s.D.SRINIVASARAGAVAN, Advocate ( SR-38962[F] dated 15/12/2021 ) Crl.O.P(MD)No.19843 of 2021 14.12.2021 NSN(CO) KB(24.12.2021) 2P 3C MGJ(27.01.2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2