C.Radha Krishnan v. M.Prem Kumar @ Prem Kanth
Case at a glance
Outcome
Dismissed
Therefore, this Criminal Original Petition is dismissed
Provisions considered
- Bharatiya Nagarik Suraksha Sanhita, 2023 s. 528
- Code of Criminal Procedure, 1973 s. 200
- Negotiable Instrumental Act ss. 138, 142
- Negotiable Instruments Act, 1881 ss. 138, 142
Judgment
Crl.O.P.No.27515 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 23.01.2025Coram: THE HONOURABLE MR. JUSTICE P.VELMURUGAN Crl.O.P.No.27515 of 2024C.Radha Krishnan... Petitioner Vs.M.Prem Kumar @ Prem Kanth ... RespondentPrayer: Criminal Original Petition filed under Section 528 of B.N.S.S. to call for the record and to set aside the return order dated 21.04.2023 in unnumbered STC SR No.240 of 2023 on the file of the District munsif cum Judicial Magistrate Court, Madhavaram and direct the District Munsif cum Judicial Magistrate Court, Madhavaram to try the complaint filed under Section 200 of the Cr.P.C. for an offence under Section 138 and 142 of the Negotiable Instrumental Act by the petitioner/complainant. For Petitioner : Mr.K.SaranrajFor Respondent : Mr.S.PachaiyappanORDERThis Criminal Original Petition has been filed by the petitioner/complainant to set aside the return order dated 21.04.2023 in 1/4 https://www.mhc.tn.gov.in/judis Crl.O.P.No.27515 of 2024unnumbered STC.SR.No.240 of 2023 on the file of the District Munsif-cum-Judicial Magistrate Court, Madhavaram and direct the District Munsif-cum-Judicial Magistrate Court, Madhavaram to try the complaint filed under Section 200 of the Cr.P.C. for the offence under Sections 138 and 142 of the Negotiable Instruments Act by the petitioner/complainant. 2. Heard both sides and perused the materials available on record.3. This Court does not find any reason to interfere with the return order passed by the Magistrate.4. Therefore, this Criminal Original Petition is dismissed. 5. However, the petitioner is at liberty to present his complaint before the concerned jurisdictional Court. 23.01.2025Index : Yes / No Speaking Order: Yes / NoNeutral Citation Case : Yes/Noksa-22/4 https://www.mhc.tn.gov.in/judis Crl.O.P.No.27515 of 2024ToThe District munsif cum Judicial Magistrate Court, Madhavaram3/4 https://www.mhc.tn.gov.in/judis Crl.O.P.No.27515 of 2024P.VELMURUGAN. J.Ksa-2Crl.O.P.No.27515 of 202423.01.20254/4
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Therefore, this Criminal Original Petition is dismissed
Which statutory provisions did this judgment involve?
Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 528; Code of Criminal Procedure, 1973 — s. 200; Negotiable Instrumental Act — ss. 138, 142; Negotiable Instruments Act, 1881 — ss. 138, 142.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.