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Madras High CourtCRL OP(MD)/22314/2013dismissed

R.Renganathan v. K.S.Jegannathan

2018-04-17Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.04.2018 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN CRL.OP(MD)Nos.22314 and 22315 of 2013 and M.P.(MD)Nos.2 and 2 of 2013 R.Renganathan ... Petitioner in both Crl.O.Ps Vs.

K.S.Jegannathan ... Respondent in both Crl.O.Ps PRAYER in Crl.O.P.(MD)No.22314 of 2013: Criminal Original Petition is filed under Section 482 of the Criminal Procedure Code, to call for the records and set aside the Crl.R.C.No.9 of 2013 in Crl.M.P.No.9242 of 2012 in S.T.C.No.93 of 2009 on the file of the 2nd Additional District and Sessions Judge, Trichy, dated 21.10.2013 by allowing this petition.

PRAYER in Crl.O.P.(MD)No.22315 of 2013: Criminal Original Petition is filed under Section 482 of the Criminal Procedure Code, to call for the records and set aside the Crl.R.C.No.8 of 2013 in Crl.M.P.No.9241 of 2012 in S.T.C.No.95 of 2009 on the file of the 2nd Additional District and Sessions Judge, Trichy, dated 21.10.2013 by allowing this petition.

For Petitioner : Mr.R.Sundar (in both Crl.O.Ps) For Respondent : No appearance (in both Crl.O.Ps) COMMON ORDER The petitioner in these petitions is figuring as accused in the private complaint instituted under Section 138 of the Negotiable Instrument Act. The complainant has filed an application to recall the Bank Manager. The said application was allowed by the Trial Court.

2.Questioning the same, the petitioner herein filed the Revision Petition before the Sessions Court. The Sessions Court

dismissed the Revision Petition. Questioning the same, this criminal original petitions have been filed.

3.There is a clear bar against maintaining the second Revision Petition. Such a bar cannot be technically overcome by invoking Section 482 of Cr.P.C. Only if exceptional circumstances are shown, this Court would overlook the said statutory bar and entertain the petition. Such a case has not been made out in the present case.

4.The Criminal Original Petitions are dismissed. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (CS-I) /True Copy/ Sub Assistant Registrar rmi To The 2nd Additional District and Sessions Judge, Trichy.

GJM/CM/PN/15.5.18-2p-2c CRL.OP(MD)Nos.22314 and 22315 of 2013 and M.P.(MD)Nos.2 and 2 of 2013 17.04.2018