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Madras High CourtCRL OP(MD)/16943/2025withdrawn dismissed

Gopal v. Sampoorna Aqua Agencies

2025-10-13Honourable Mr Justice Sunder Mohan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.10.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.O.P.(MD).No.16943 of 2025 and Crl.M.P.(MD).Nos.13766 & 13767 of 2025 Gopal ... Petitioner/Accused Vs.

Sampoorna Aqua Agencies, Representing by its Partners, B.Jeyaraman and Porkodi Through their Power Agent as Manager, Nadimuthu.

... Respondent/Complainant Prayer : Criminal Original Petition filed under Section 528 of BNSS, 2023, to call for the records pertaining to the impugned complaint in S.T.C.No.151 of 2023 pending before the Judicial Magistrate Court (Fast Track Court), Pattukottai, Thanjavur District and quash the same as illegal and unconstitutional.

For Petitioner : Mr.D.Balamurugapandi

ORDER

This Criminal Original Petition is filed challenging the complaint in S.T.C.No.151 of 2023 on the file of the learned Judicial Magistrate (Fast Track 1/4

Court), Pattukottai, Thanjavur District, which was filed for the offences under Section 138 of Negotiable Instruments Act.

2. During the course of arguments, when this Court expressed that the points raised by the learned counsel for the petitioner are factual in nature, the learned counsel for the petitioner sought permission to withdraw this petition. However, the learned counsel would submit that the petitioner is aged about 73 years and that his appearance before the Trial Court may be dispensed with.

3. In view of the above submission, this Criminal Original Petition is dismissed as withdrawn. The personal appearance of the petitioner before the Trial Court is dispensed with on all hearing dates (provided he is represented by a lawyer) unless his appearance is required by the learned Magistrate for the progress of the trial. Consequently, connected Crl.M.P.(MD).No.13766 of 2025 is closed.

13.10.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No Lm 2/4

To The Judicial Magistrate Court (Fast Track Court), Pattukottai, Thanjavur District.

3/4

SUNDER MOHAN, J.

Lm Crl.O.P(MD).No.16943 of 2025 13.10.2025 4/4