Judgment · High Court

Crl.O.P No.22658 of 2023IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 08.02.2024CORAMTHE HONOURABLE MR. JUSTICE N. ANAND VENKATESHCrl.O.P No.22658 of 2023 and Crl.MP.No.15836 of 2023 C.Karunagaran ... Petitioner/Accused .vs.J.Govindarajan .. Respondent/ Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in STC No.162 of 2023, on the file of the learned Fast Track Court, Magisterial Leel, at Ambattur against the petitioners and quash the same. For Petitioner: Mr.K.T.S.SivakumarFor Respondent: Mr.G.Shivasurya

O R D E RThis petition has been filed challenging the proceedings initiated by the respondents against the petitioner under Section 138 of Negotiable Instruments Act.2. The grounds raised by the counsel for the petitioner are all factual in nature and it requires appreciation of evidence and this Court cannot decide the same in exercise of its jurisdiction under Section 482 of Criminal Procedure Code. 1/4 https://www.mhc.tn.gov.in/judis Crl.O.P No.22658 of 2023 The facts of this case and grounds raised the quash petition does not fall within the parameters laid down by the Apex Court in Bhajan Lal case reported in (1992) Suppl (1) SCC 335. It is left open to the petitioner to raise all the grounds before the Court and the same shall be considered on its own merits and in accordance with law. This Court is not inclined to interfere with the proceedings pending before the Court below. 3. The learned counsel for the petitioner requested this Court to dispense with the presence of the petitioner. Taking into consideration, the facts and circumstances of the case, the presence of the petitioner is dispensed with and he shall be represented by a counsel, who shall cross examine the witnesses on the same day, they are examined in Chief. The petitioner shall be present before the Court at the time of initial questioning under Section 251 of Cr.P.C., and subsequent questioning under Section 313 of Cr.P.C., and at the time of passing of the judgment.4. Accordingly, this Criminal Original Petition is dismissed and the Court below is directed to complete the proceedings in STC No.5368 of 2021, within a period of six months from the date of receipt of copy of this order. Consequently, the connected miscellaneous petition is also closed.08.02.2024Index: Yes/NoSpeaking Order/Non-Speaking OrderNeutral citation : Yes/No KP2/4 https://www.mhc.tn.gov.in/judis Crl.O.P No.22658 of 2023ToFast Track Court, Magisterial Leel, at Ambattur. 3/4 https://www.mhc.tn.gov.in/judis Crl.O.P No.22658 of 2023N. ANAND VENKATESH., J KP Crl.O.P No.22658 of 2023 08.02.20244/4