Madras High Court
M/S.Laxmi Selvaraj Tex Private Limited vs M/S.Kerry Indev Logistics Pvt Ltd on 14 November, 2019
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
Crl.O.P.(MD).No.11708 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 14.11.2019
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
Crl.O.P.(MD).No.11708 of 2018
and
Crl.M.P(MD).No.5305 of 2018
1.M/s.Laxmi Selvaraj Tex Private Limited ,
Rep. by K.P.S.Manoharan
2.K.P.S.Manoharan
3.K.P.S.Muniswaran
4.K.P.S.Sivakumar
5.E.Muniswaran ...Petitioners/Accused Nos.1 to 5
Vs.
M/s.Kerry Indev Logistics Pvt Ltd.,
through its Branch Manager
Cum Power of Attorney Agent
A.Meenakshi Sundaram
S/o.Arunachalam ...Respondent / Complainant
PRAYER: This Criminal Original Petition has been filed under Section 407
of Criminal Procedure Code, to call for the records relating to the
Cr.M.P.No.2040 of 2018 in C.C.No.13 of 2018 on the file of the Judicial
Magistrate (Fast Track), Thoothukudi and set-aside the order passed in
Cr.M.P.No.2040 of 2018, dated 26.06.2018 and direct him to accept the
cash surety as prayed for and pass such further or other order as this
Hon'ble Court may deem fit and proper in the circumstance of the case.
http://www.judis.nic.in
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Crl.O.P.(MD).No.11708 of 2018
For Petitioners : No Appearance
For Respondent : Mr.G.Prabhu Rajadurai
***
ORDER
This petition has been filed to set-aside the order passed in Cr.M.P.No.2040 of 2018 in C.C.No.13 of 2018 on the file of the learned Judicial Magistrate (Fast Track), Thoothukudi, dated 26.06.2018.
2.The petitioners filed a petition under Section 445 of Cr.P.C. in Cr.M.P.No.2040 of 2018 in C.C.No.13 of 2018 before the learned Judicial Magistrate (Fast Track), Thoothukudi seeking permission to produce cash surety instead of executing bond worth at Rs.10,000/- and one surety must be the family members and the other surety must be a person from the locality where the petitioners are reside.
3.The learned counsel for the respondent would submit that the main complaint arising under Negotiable Instruments Act. The total cheque amount is Rs.5,28,489. The respondent is paying the amount regularly and so far he paid a sum of Rs.1,00,000/- and the case is pending for trial. Therefore, executing bond and surety was already over. Therefore nothing survives in this petition. http://www.judis.nic.in 2/4 Crl.O.P.(MD).No.11708 of 2018
3.Recording the said submission, the prayer sought for in this petition cannot be considered at this stage. Accordingly, this Criminal Original Petition is dismissed. Consequently, connected miscellaneous petition is closed.
14.11.2019
Index : Yes / No
Internet : Yes / No
vsd
To
The Judicial Magistrate (Fast Track), Thoothukudi.
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