Madras High CourtCRL OP(MD)/4745/2017dismissed

M/S.Nila Aathithan Paper v. M/S.Jerly Electronics And

2019-10-17Honourable Mr Justice N. Anand Venkatesh2 pages

Crl.O.P.(MD).No.4745 of 2017 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.10.2019

CORAM:

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Crl.O.P.(MD).No.4745 of 2017 and Crl.M.P.(MD) Nos.11195, 3346 & 3347 of 2017

1) M/s.Nila Aathithan Paper Industries(P) Ltd., Rep. through its Proprietor, Mr.DhanaPaul, Door No.238, Pudhupattu village, Allappakkam Post, Kaveripakkan, Vellore District - 632 508

2) Dhanapaul ... Petitioners/ Accused Nos.1& 2 vs.

M/s.Jerly Electronics and Cooling Services, Rep. through its one of partner Mr.F.Ashok Kumar, No.177, Karpaga Nagar 5th Street, K.Pudur, Nadurai 625 007 ... Respondent/ Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to call for the records in S.T.C.No.302 of 2016 on the file of the Judicial Magistrate No.2, Fast Track Magistrate Level, Madurai and quash the same as illegal. For Petitioners : Ms.C.R.Ponnuthai For Respondent : Mr.V.R.Venkatesan ******

O R D E R

This Criminal Original Petition has been filed to call for the records in S.T.C.No.302 of 2016 on the file of Judicial Magistrate No.2, Fast Track Magistrate Level, Madurai and quash the same in respect of Petitioners concerned.

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Crl.O.P.(MD).No.4745 of 2017 2.The various grounds raised by the learned counsel for the petitioners are all factual in nature and the same requires appreciation of evidence in the course of the trial and the said exercise cannot be done by this Court in exercise of its jurisdiction under Section 482 of Cr.P.C. It is left open to the petitioners to raise all the grounds before the Court below and the Court below shall consider the same on its own merits and in accordance with law. This Court does not want to interfere with the proceedings at this stage.

3.This Criminal Original Petition is disposed of with a direction to the Court below to complete the proceedings in S.T.C.No.302 of 2016 on the file of Judicial Magistrate No.2, Fast Track Magistrate Level, Madurai within a period of three months from the date of receipt of copy of this order. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CO) // True Copy // Sub Assistant Registrar(CS) sts To

1. The Judicial Magistrate No.2, Fast Track Magistrate Level, Madurai

2. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Order made in Crl.O.P.(MD).No.4745 of 2017 Dated:

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