Petitioner sought quashing of Section 138 NI Act proceedings. Court held that death of petitioner (A2) abated proceedings in his case alone. Court directed lower court to proceed against remaining accused (A1, A3, A4) within three months.
Proceedings continued against remaining accused (A1, A3, A4); time limit set for completion.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
INTHE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.12.2018
CORAM:
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
Crl.O.P. Nos.14185 to 14187 of 2014
and
M.P.Nos.1,1,1 of 2014
Raghunath Tulshyan .. Petitioner in all Crl OPs
. Vs .
M/s.Maheshwari Fabrics Private Limited, Fairlands, Off Bhavani Main Road, Erode, by its Senior Executive, Thiyagarajan, aged 40 years, S/o.Palaniaapan, No.22, Fairlands, Off Bhavani Main Road, Erode. ..Respondent in all Crl OPs
COMMON PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for records relating to S.T.C.Nos.259, 260 & 393 of 2011, on the file of the Judicial Magistrate Fast Track Court No.II, Erode and quash the same.
For Petitioner : Mr.R.Arundathan (all Crl Ops) For C.Munusamy
For Respondent : Mr.E.P.Senniyangiri (all Crl Ops) Mr.E.Murugan COMMON ORDER
These Criminal Original Petitions have been filed by A2, seeking to quash the proceedings initiated by the respondent for an offence under Section 138 of the Negotiable Instruments Act.
2.The learned counsel for the petitioner would submit that this petitioner has died, and therefore the case itself has abated and therefore the criminal complaint has abated insofar as this petitioner (A2) is concerned.
3.In view of the subsequent development, wherein the petitioner already died, the entire proceedings insofar as he is concerned gets abated. The complaint will survive only insofar as A1, A3 and A4 are concerned.
4.In the result, these criminal original petitions are disposed of with a direction to the Court below to proceed further with the complaint insofar as A1, A3 and A4 are concerned, and complete the proceedings within a period of three months from the date of receipt of a copy of this order. Consequently, the connected miscellaneous petitions are closed.
KP
Sd/-
Assistant Registrar(CO)
//True Copy//
Sub Assistant Registrar
To
The Judicial Magistrate,
Fast Track Court No.II,
Erode.
Crl.O.P. Nos.14185 to 14187/2018
BR(CO)
KAK(15/02/2019)
2 issues framed by the court
Whether criminal proceedings abate upon the death of the petitioner.
Whether proceedings should continue against remaining accused persons.
1 provisions across 1 enactments
Raghunath Tulshyan
M/s. Maheshwari Fabrics Private Limited
N. Anand Venkatesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
