S.Sujith vs M/S.Amman Battery Industries on 14 June, 2019

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Madras High Court

S.Sujith vs M/S.Amman Battery Industries on 14 June, 2019

Bench: N.Anand Venkatesh

                                                           1




                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED : 14.06.2019

                                                        CORAM :

                         THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH

                                             Crl.O.P.No.15216 of 2019
                                                        and
                                        Crl.M.P.No.7464 and 7465 of 2019


                  S.Sujith                                              .. Petitioner

                                                          Vs.

                  M/s.Amman Battery Industries,
                  Represented by its Senior Manager/Authorized
                   Signatory,
                  Kumar having its Registered Office at
                  S.F.No.7/243, A.Jettyhalli,
                  Thokkampatti (Post),
                  Dharmapuri – 636 705.                        .. Respondent



                  Criminal Original Petition filed under Section 482 of Cr.P.C. to call for

                  the records relating the proceedings in C.C.No.7 of 2018 on the file

                  of the learned Judicial Magistrate No.I, Dharmapuri and quash the

                  same.


                                  For Petitioner    : Mr.MSaravanakumar

                                                       ORDER

This petition has been filed challenging the proceedings initiated http://www.judis.nic.in by the respondent against the petitioner for an offence 2 under Section 138 of Negotiable Instruments Act.

2.The learned counsel for the petitioner raised various grounds before this Court and all these grounds are factual in nature and the same cannot be gone into by this Court in exercise of its jurisdiction under Section 482 of Cr.P.C. and it requires appreciation of evidence. It is left open to the petitioner to raise all the grounds before the Court below and the same shall be considered on its own merits and in accordance with law.

3.The learned counsel for the petitioner submitted that the petitioner is intending to compromise the dispute with the respondent. The petitioner is at liberty to inform the Court below about his intention to settle the dispute, the Court below shall give an opportunity to the parties to settle the dispute among themselves. This Court is not inclined to interfere with the proceedings at this stage.

4.This Criminal Original Petition is disposed of with the direction to the Court below to complete the proceedings within a period of four months from the date of receipt of a copy of this order. The petitioner shall be represented by a counsel before the Court below and he shall appear before the Court below as and when http://www.judis.nic.in 3 required by the Court during the course of proceedings. Consequently, connected miscellaneous petitions are closed.

14.06.2019 Index :Yes/No Internet:Yes/No Note:Issue order copy on 17.06.2019 vs To

1.The Judicial Magistrate No.I, Dharmapuri.

2.The Public Prosecutor, High Court, Madras.

http://www.judis.nic.in 4 N.ANAND VENKATESH, J.

vs Crl.O.P.No.15216 of 2019 and Crl.M.P.No.7464 and 7465 of 2019 14.06.2019 http://www.judis.nic.in

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