Dismissed

T.R.S.Subburaj Vijairam v. Ashok Dal and Oil Mill Company

Madras HC18 Apr 2017CRL OP(MD)/9954/2015

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court closed the present quash application regarding a prosecution under Section 138 of the Negotiable Instruments Act. Following Parliament's amendment nullifying the effect of the Supreme Court's Dasrath Rupsingh Rathod judgment, the court directed the transfer of records back to the originating magistrate in Itarsi.

What did the court decide?

The quash application was closed; the court directed the Judicial Magistrate, Aruppukottai to transfer the original records to the Judicial Magistrate, First Class, Itarsi after binding over the parti

T.R.S.Subburaj Vijairam Vs Ashok Dal and Oil Mill Company — Cheque Dishonour | Madras HC (2017)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 18.04.2017

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CORAM

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THE HON'BLE MR.JUSTICE P.N.PRAKASH

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Crl.O.P.(MD) No.9954 of 2015 and M.P.No.1 of 2015 and Crl.M.P.No.7326/2016

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Aruppukottai Shri Ramalinga Roller Flour Mills Limited,

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through Directors,

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1.T.R.S.Subburaj Vijairam

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2.Vijairam Umadevi 3.Subburaj Subbulakshmi

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... Petitioners/Accused No.1-3

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-vs-

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Ashok Dal and Oil Mills company

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Through its Director Satish Agarwal ... Respondent/Complainant

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Prayer : Criminal Original Petition filed under Section 482 of Cr.P.C., praying to call for the records in STC No.229/2015 on the file of the learned Judicial Magistrate, Aruppukottai and quash the same in respect of the 1^st , 2^nd and 3^rd petitioners alone.

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For Petitioner : Mr.N.Ananthapadmanaban For Respondents : Mr.R.Pon Karthikeyan

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O R D E R

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For the sake of convenience, the parties will be referred to by their names.

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2.Ashok Dal and Oil Mills company initiated a prosecution before the Judicial Magistrate, First Class, Itarsi (M.P) under Section 138 of the Negotiable Instruments Act against Aruppukottai Sri Ramalinga Roller Flour Mills Limited and others. During the pendency of the prosecution, the Hon'ble Supreme Court passed an order in Dasrath Rupsingh Rathod v. State of Maharashtra and others reported in JT 2014 (9) SC 1981 . Therefore, the case was transferred from the file of the Judicial Magistrate, First Class, Itarsi, (M.P.) to the file of the Judicial Magistrate, https://hcservices.ecourts.gov.in/hcservices/ Aruppukottai and it was renumbered as S.T.C.No.229/2015. Aruppukottai Sri Ramalinga Roller Flour Mills Limited and the

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other accused filed the present quash application in Crl.O.P.(MD) No.9954/2015 for quashing the prosecution in S.T.C.No.229/2015 on the file of the Judicial Magistrate, Aruppukottai on various grounds.

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Notice was ordered in the quash petition and during the pendency of the quash petition, the Parliament amended the provisions of the Negotiable Instruments Act, thereby nullifying the effect of Dasrath Rupsingh Rathod's case. In view of the amendment, the case in STC No.229/2015 should be transferred back to the Judicial Magistrate, First Class, Itarsi (M.P.)

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On account of the pendency of this quash application, the learned Judicial Magistrate, Aruppukottai has not been able to send the records in STC No.229/2015 to the Judicial Magistrate, First Class, Itarsi, (M.P.). In view of the development in law, this quash application is closed with a further direction to the Judicial Magistrate, Aruppukottai to send all the original records by post to the Judicial Magistrate, First Class, Itarsi, (M.P.), after binding over the complainant and the accused to appear before the Judicial Magistrate, First Class, Itarsi, (M.P.) on a particular date fixed by the Judicial Magistrate, after taking into consideration the time that would be taken for the records to reach the said Court. The grounds raised in the quash petition are left open for the accused to agitate before the appropriate forum. Consequently connected Miscellaneous Petitions are closed.

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Sd/-

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Assistant Registrar (T&P)

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/True Copy/

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Sub Assistant Registrar

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To:

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The Judicial Magistrate Aruppukottai.

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The Judicial Magistrate, First Class, Itarsi, (M.P.) Madhya Pradesh.

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- 1 CC TO Mr.N.ANANTHAPADMANABAN, ADVOCATE IN SR No. 52394 + 1 CC TO Mr.R.PON KARTHIKEYAN, ADVOCATE IN SR No. 52336

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TE/JC/SAR-IV : 28/04/2017 : 2P/5C

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https://hcservices.ecourts.gov.in/hcservices/

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Crl.O.P.(MD)No.9954 of 2015 and M.P.No.1 of 2015 and Crl.M.P.No.7326/2016 18.04.2017

T.R.S.Subburaj Vijairam v. Ashok Dal and Oil Mill Company

Case brief

What is this about?

What did the court decide?

T.R.S.Subburaj Vijairam v. Ashok Dal and Oil Mill Company

Case brief

What is this about?

What did the court decide?

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