Mark Green Developers v. Sri Ganesh Wind Power Eng.(P)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.02.2018

CORAM:

THE HONOURABLE Mr.JUSTICE R.PONGIAPPAN Crl.O.P.(MD)No.13537 of 2013 and M.P.(MD)Nos.1 & 2 of 2013 1.Mark Green Developers (P) Ltd., No.307, TTK, Road, Manickam Avenue, Alwarpet, Chennai-600 018.

2.V.Raam Prakash, S/o.Late K.R.Venkataraman, Shown as Ramprakash Venkataram, Administrative Director, Mark Green Developers (P) Ltd., 32, CIT First Main Road, Mylapore, Chennai-4.

... Petitioners/ Accused 1 & 2 Vs.

Sri Ganesh Wind Power Engineers (P) Ltd., 7-1-B/2, Main Road, Near Muppanthal Devi Kovil, Aralvaimozhi-629 301, Kanyakumari District.

N.Alagappan, S/o.Neelakandan Pillai, Managing Director, Sri Ganesh Wind Power Engineers (P) Ltd., 4/62, Melatheru, Therur, K.K.District. ... Respondent/ Complainant PRAYER: The Petition filed under Section 482 Cr.P.C. to call for the records relating to the case in C.C.No.21 of 2013 pending on the file of the learned Judicial Magistrate, Boothapandy against the petitioners herein and quash the same.

For Petitioner : Mr.N.Dilip Kumar.

For Respondent : No Appearance.

ORDER

https://hcservices.ecourts.gov.in/hcservices/ This Criminal Original Petition has been filed to call for the records relating to the case in C.C.No.21 of 2013 pending on

the file of the learned Judicial Magistrate, Boothapandy against the petitioners herein and to quash the same.

2.The petitioners herein are accused Nos.1 and 2 in C.C.No.21 of 2013 pending on the file of the learned Judicial Magistrate, Boothapandy. The above said case was filed by the respondent herein for the offence punishable under Section 138 Negotiable Instruments Act. Now, the petitioners herein filed this petition to quash the same as illegal.

3.Today, when the matter is taken up for hearing, the learned counsel appearing for the petitioners submitted that the learned Judicial Magistrate, Boothapandy disposed of the said case in C.C.No.21 of 2013 on 09.06.2017 itself. On going through the order passed in Crl.O.P.(MD)Nos.14382 & 14420 of 2013, the de facto complainant made assurance for withdrawing the above said case. Thereby, the prayer sought for in this petition becomes infructuous. 4.Accordingly, this Criminal Original Petition is dismissed as infructuous. Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar(AE) /True copy/ Sub Assistant Registrar To 1.The Judicial Magistrate, Boothapandy.

Crl.O.P.(MD)No.13537 of 2013 and M.P.(MD)Nos.1 & 2 of 2013 14.02.2018 gns MS/KK/SAR-1/20.03.2018/2P.2C https://hcservices.ecourts.gov.in/hcservices/