Dismissed

Kishore Nanwani v. Valavan

Madras HC3 Jun 2019CRL OP/11951/2019

Case brief

AI extract

What is this about?

This Court dismissed a Criminal Original Petition seeking quashing of proceedings under Section 138 of the Negotiable Instruments Act. The Court held the matter was purely factual and should be decided by the trial court, dispensing with the petitioner's presence only for other stages of the trial. Proceeding completed within three months.

What did the court decide?

Criminal Original Petition dismissed; no interference in proceedings below; petitioner dispensed from presence except for specific trial stages.

Kishore Nanwani Vs Valavan — Cheque Dishonour | Madras HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 03.06.2019

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CORAM

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THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH

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Crl.O.P No.11951 of 2019

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and Crl.M.P Nos.6204 & 6205 of 2019

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Kishore Nanwani Petitioner

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vs.

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Valavan Respondent

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PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in S.T.C.No.1260 of 2014 on the file of the learned Judicial Magistrate No.II, Puducherry and quash proceedings therein as against the petitioner herein.

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For Petitioner : Mr.T.Shanmugam

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ORDER

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This petition has been filed challenging the proceedings initiated by the respondent against the petitioner for an offence under Section 138 of the Negotiable Instruments Act.

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The learned counsel for the petitioner raised various issues which are in the considered view of this Court are purely factual in nature. These issues will have to be raised before the Court below in the course of the proceedings and the Court below shall consider the same on its own merits and in accordance with law. It is also seen that the proceedings is of the year 2014 and this Court does not want to interfere with the proceedings at this stage.

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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 and he shall be represented by a counsel who shall cross examine the witness on the same day, they are examined in Chief. The petitioner shall be present before the Court below at the time of questioning under Section 313 Cr.P.C and at the time of passing of the final judgement. The Court below is directed to complete the proceedings within a period of three months from the date of receipt of a copy of this order.

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

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This Criminal Original Petition is disposed of accordingly. Consequently, connected miscellaneous petitions are also closed.

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Sd/-
Assistant Registrar(J)
//True Copy//
Sub Assistant Registrar
ssr
To
1. The Judicial Magistrate No.II,
Puducherry.
2. The Public Prosecutor,
High Court of Madras,
Madras.
+1 cc to M/s.T.Shanmugam, Advocate, S.R.No.44727
Crl.O.P No.11951 of 2019
and Crl.M.P Nos.6204 & 6205 of 2019
(CO)
SSM(19/06/2019)

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

Kishore Nanwani v. Valavan

Case brief

What is this about?

What did the court decide?

Kishore Nanwani v. Valavan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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