Uthirapathi vs V.Balasubramanian on 23 July, 2019

[Cites 4, Cited by 1]

Madras High Court

Uthirapathi vs V.Balasubramanian on 23 July, 2019

Bench: N. Anand Venkatesh

                                                          1

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED : 23.07.2019

                                                        CORAM

                                THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH

                                             Crl.O.P No.27537 of 2016
                                           and Crl.M.P No.14032 of 2016
                 Uthirapathi
                                                                                          Petitioner
                                                  vs.
                 V.Balasubramanian                                                      Respondent
                 PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal
                 Procedure, to call for the records of complaint in S.T.C.No.1644/2015 pending trial
                 on the file of the learned Judicial Magistrate, Jayankondam and to quash the
                 same.
                                     For Petitioner      : Mr.R.Premanandhan
                                     For Respondent      :Mr.Gandhi


                                                        ORDER

This petition has been filed challenging the proceedings initiated by the respondent against the petitioner for the offences under Sections 420 IPC and Section 138 and 142 of the Negotiable Instrument Act.

2. The various grounds raised by the learned counsel for the petitioner 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 http://www.judis.nic.in 2 N. ANAND VENKATESH, J., mpa open to the petitioner 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.1644 of 2015 on the file of the Judicial Magistrate, Jayankondam, within a period of three months from the date of receipt of copy of this order. Consequently, connected miscellaneous petition is closed.




                                                                                       23.07.2019

                 Index       : Yes/No
                 Internet    : Yes/No

Speaking Order/Non-Speaking Order mpa To

1.The Judicial Magistrate, Jayankondam.

2. The Public Prosecutor, High Court of Madras, Madras.

Crl.O.P No.27537 of 2016

andCrl.M.P.No.14032 of 2016 http://www.judis.nic.in

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