Madras High CourtCRL OP(MD)/20383/2021dismissed

Sharmila Banu v. Karuppasamy

2021-12-21Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.20383 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.12.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.20383 of 2021 and Crl.M.P.(MD)Nos.11586 & 11587 of 2021 Sharmila Banu ... Petitioner / Accused Vs Karuppasamy ... Respondent / Complainant PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to call for the records relating to the private complaint in C.C.No.32 of 2021 on the file of the Judicial Magistrate, Aruppukkottai and quash the same as illegal.

For Petitioners : Mr.Mr.J.Sulthan Basha for M/s.Ajmal Associates

ORDER

This Criminal Original Petition has been filed to quash the proceedings in C.C.No.32 of 2021 on the file of the Judicial Magistrate, Aruppukkottai.

2. The petitioner is figuring as an accused. The case is for the offence under Section 138 of the Negotiable Instruments Act. The petitioner's counsel reiterated all the contentions set out in the memorandum of grounds.

3. I am however unable to consider the same because of their factual nature. Contentious facts cannot be gone into in exercise of jurisdiction under Section 482 of Cr.P.C. Therefore, this Criminal Original Petition is dismissed. All the contentions of the petitioner are left open. The petitioner can raise them before the trial court and the trial court shall consider the same on merits and in accordance with law.

4. The petitioner is aged about 45 years. However, taking note of the overall facts and circumstances, the personal appearance of the petitioner before the court below is dispensed with. The learned trial Magistrate shall insist on the personal appearance of the petitioner only when it is absolutely necessary and imperative. The petitioner shall be called upon to appear in person before the trial Court at the time of answering the charges and at the time of examination under Section 313 of Cr.P.C., and at the time of https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.20383 of 2021 pronouncement of Judgment. On all other occasions, the petitioner can be represented through her counsel. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (AD-I) // True Copy // / /2022 Sub Assistant Registrar(CS) rmi 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, Aruppukkottai.

+1 CC to M/s.AJMAL ASSOCIATES, Advocate ( SR-40026[F] dated 22/12/2021 ) Crl.O.P(MD)No.20383 of 2021 21.12.2021 PS(CO) KB(01.02.2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2