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Madras High CourtCRL OP(MD)/18621/2023dismissed

M.Carol Jemima v. V.Murugan

2023-10-17Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.10.2023

CORAM:

THE HONOURABLE DR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.18621 of 2023 and Crl.M.P.(MD).Nos.14689 and 14692 of 2023 M.Carol Jemima

...Petitioner / Accused

Vs.

V.Murugan

...Respondent / Complainant

PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the entire records of the complaint in S.T.C. No.235 of 2022 on the file of the District Munsif Cum Judicial Magistrate, Athoor against the petitioner and quash the same.

For Petitioner :Mr.P.Suresh 1/4

O RDER This Criminal Original Petition has been filed seeking to quash the complaint in S.T.C. No.235 of 2022 on the file of the District Munsif Cum Judicial Magistrate, Athoor against the petitioner. 2.The petitioner is facing charges before the trial Court, under Sections 138 and 142 of the Negotiable Instruments Act, in S.T.C.No.235 of 2022. Seeking quashment of the above said complaint, this petition has been filed on various grounds.

3.Even though this petition has been filed seeking to quash the above said complaint, the learned counsel for the petitioner today restricts his prayer and would submit that he will be satisfied, if personal appearance of the petitioner before the trial Court is dispensed with.

2/4

4.In view of the submissions made by the learned counsel for the petitioners, this criminal original petition is dismissed. Consequently, the connected Crl.M.P.(MD).No.14689 of 2023 is closed. However, considering the submissions of the learned counsel for the petitioners, personal appearance of the petitioner before the trial Court is dispensed with the following condition. (i)The petitioner shall appear before the District Munsif Cum Judicial Magistrate, Athoor within a period of 15 days from the date of receipt of a copy of this order and file an undertaking affidavit, by affixing his recent passport size photograph, to the effect that he will appear before the trial Court as and when required and must ensure his proper representation through Advocate. Speaking : Yes / No 17.10.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No VSG To The District Munsif Cum Judicial Magistrate, Athoor.

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G.ILANGOVAN. J.

VSG Crl.O.P.(MD)No.18621 of 2023 17.10.2023 4/4